Also known as: gestation
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A period of pregnancy measured from conception to birth. An individual in gestation at a decedent's death who lives at least 120 hours after birth is deemed to have been living at the time of death for purposes of intestate succession and related allowances.
A period of pregnancy measured from conception to birth. An individual in gestation at a decedent's death who lives at least 120 hours after birth is deemed to have been living at the time of death for purposes of intestate succession and related allowances.
Select any source to read its text and confirm it supports the definition.
Describing a surrogate who carries a pregnancy resulting from assisted reproduction using gametes that are not her own. Parentage of a child born to such a surrogate is determined under applicable state parentage statutes rather than by the fact of birth alone.
Select any source to read its text and confirm it supports the definition.
Describing a surrogate who carries a pregnancy resulting from assisted reproduction using gametes that are not her own. Parentage of a child born to such a surrogate is determined under applicable state parentage statutes rather than by the fact of birth alone.
Each sense below has its own examples, sources, and questions.
Gloria Green conveyed property in a deed that measured the perpetuities period by lives in being plus twenty-one years and any period or periods of gestation involved. When a beneficiary's child was conceived before the measuring lives ended but born after, the gestation interval was included in calculating whether the interest vested in time.
Glenn Gross died while his daughter was in the second trimester. The child was born five months later and lived eight days. Because the gestational period resulted in a live birth surviving more than 120 hours, the child is treated as having been alive at Glenn's death for intestate succession purposes.
The child must be born alive and survive at least 120 hours after birth. When that condition is satisfied, the child is deemed to have been living at the decedent's death for purposes of intestate succession.
Supporting sources
Any period or periods of gestation are included in the permissible measuring period. A child in gestation at the relevant time who is later born alive is treated as a life in being for class-gift and perpetuities purposes.
Supporting sources
Guillermo Guzman and his partner arranged for Gwen Gallagher to carry an embryo created with donor eggs and Guillermo's sperm. After the child was born, no parentage order had been entered. Under the applicable statute, parentage is resolved by reference to the Uniform Parentage Act provisions governing gestational surrogacy rather than by the birth itself.
George Garcia's widow sought social security benefits for twins born after his death through assisted reproduction using his preserved gametes. The court examined whether the children qualified as his dependents under state parentage law governing gestational arrangements and posthumous conception.
A state statute restricted abortions after a certain point in pregnancy. The challenge required the court to consider the constitutional balance between state interests and individual rights as pregnancy advanced through successive gestational stages.
A married couple entered a gestational surrogacy agreement with Guadalupe Gallegos. After birth the surrogate asserted parentage while the intended parents claimed legal status based on their intent and the agreement. The court resolved the dispute by applying rules that prioritize the parties' pre-conception intentions in gestational arrangements.
Yes, under ordinary parentage principles the individual who gives birth is recognized as a legal parent unless a specific statute or court order provides otherwise. This default rule applies even when the birth results from a gestational surrogacy arrangement using donor gametes.
Supporting sources
Yes, the woman who gave birth has standing to commence a proceeding to adjudicate parentage unless a court has already determined that she is not a parent. A private surrogacy agreement alone does not eliminate that statutory standing.
Supporting sources
…condition whatever, for a period longer than 21 years after some life in being at the creation of the interest and any period of gestation involved in the situation to which the limitation applies. The lives selected to govern the time of suspension must not be so numerous or so situated that evidence of their deaths is likely…