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Archiver > TMG > 2002-01 > 1010772046


From: "Nelson R. Kerr, Jr." <>
Subject: Re: [TMG] Parentage
Date: Fri, 11 Jan 2002 13:01:05 -0500
References: <000001c192e0$903979e0$19a028d8@s0024615887><004101c197b5$7734ac60$8ad1e00c@attbi.com>
In-Reply-To: <010201c197ee$3a3d6fc0$ceee4cd8@pavilion>


Parent Child as with any other live birth.
Actually this is not a new issue. There is a doctrine in law relating to
so-called "after-born children" that imputes descent from a predeceased
father of any child born after the death of the father. At some early stage
of the development of the rule, the courts seemed somewhat hazy about the
term of a pregnancy and so a rough guide was created such that any child
born within one year of the death of the father was considered to be his
child. The decision of the court regarding a child born as the result of
artificial insemination is entirely consistent with this view of the matter.
Somewhat similar laws were created for intestate succession such that a
child born after the execution of a will was called a pretermitted heir and
given a child's share as though not omitted, on the assumption that is what
the deceased parent (this rule applies to both parents) would have done.
The really interesting legal issue is whether the pretermitted heir rules
should apply to a child conceived by artificial means since the intent of a
father could hardly be assumed to be to make provision for such a child in
the absence of other evidence
For a long time it was held impermissible for a parent even to attack the
legitimacy of a child born during a marriage. This so-called _Lord
Campbell's Rule_ was sometimes applied to after born children in a time
when illegitimacy meant the poor house which was maintained from public or
parish funds. Better to have the child maintained by his mother (that at
least could generally not be disputed), than at the expense of the parish.
With artificial insemination there is at least the reasonable certainty the
child is the child of the donor.
Nelson

At 20:25 07-01-02 -0600, Eddie Herring wrote:
>I wonder what kind of tag we would have with this to show relationship of
>father/mother?
<snip>

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