Secs. 45a-780 to 45a-784. Reserved
Sec. 45a-787. Liability of beneficiary.
Sec. 45a-788. Maximum liability of beneficiary.
Secs. 45a-771 to 45a-776. (Formerly Secs. 45-69f to 45-69k). Child born as a result of artificial insemination legitimate. Definitions. A.I.D.; who may perform; consent required. Request and consent to be filed in Probate Court; confidentiality, status of child born as result of A.I.D. No rights in donor of sperm or eggs. Status of child determined by jurisdiction of birth. Sections 45a-771 to 45a-776, inclusive, are repealed, effective January 1, 2022.
(P.A. 75-233, S. 1–8; P.A. 76-279, S. 1, 3, 4; 76-435, S. 8, 82; P.A. 80-476, S. 174–179; P.A. 07-93, S. 1–3; P.A. 21-15, S. 149.)
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Sec. 45a-777. (Formerly Sec. 45-69l). Inheritance by child born as a result of assisted reproduction. (a) A child born as a result of assisted reproduction, as defined in section 46b-451, may inherit the estate of such child's legal parents and the relatives of such legal parents.
(b) The legal parents and the relatives of such legal parents may inherit the estate of a child born as a result of assisted reproduction, if the child dies intestate.
(P.A. 75-233, S. 9; P.A. 80-476, S. 180; P.A. 21-15, S. 147.)
History: P.A. 80-476 divided section into Subsecs. and made minor wording changes; Sec. 45-69l transferred to Sec. 45a-777 in 1991; P.A. 21-15 amended Subsec. (a) by replacing “A.I.D.” with “assisted reproduction, as defined in section 46b-451,” and revising provision to permit child born as the result of assisted reproduction to inherit the estate of such child's legal parents and relatives of such legal parents, amended Subsec. (b) by replacing “mother and her consenting husband or their relatives” with “legal parents and the relatives of such legal parents”, replacing “A.I.D.” with “assisted reproduction”, and deleting “, and the natural father or his relatives shall not inherit from him”, effective January 1, 2022.
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Sec. 45a-778. (Formerly Sec. 45-69m). Words of inheritance to apply to child conceived through A.I.D. (a) The words “child”, “children”, “issue”, “descendant”, “descendants”, “heir”, “heirs”, “unlawful heirs”, “grandchild” and “grandchildren”, when used in any will or trust instrument, shall, unless the document clearly indicates a contrary intention, include children born as a result of A.I.D.
(b) The provisions of this section shall apply to wills and trust instruments whether or not executed before, on or after October 1, 1975, unless the instrument indicates an intent to the contrary.
(P.A. 75-233, S. 10; P.A. 80-476, S. 181.)
History: P.A. 80-476 divided section into Subsecs. and corrected spelling of “descendant(s)”; Sec. 45-69m transferred to Sec. 45a-778 in 1991.
See Sec. 45a-262 re application of words of inheritance to child conceived through A.I.D. or child of decedent conceived and born after death of decedent.
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Sec. 45a-779. (Formerly Sec. 45-69n). Status of child born as a result of assisted reproduction prior to October 1, 1975. Nothing in section 45a-777 or 45a-778 or this section shall be construed as a change or modification of the rights or status of children born before October 1, 1975, but shall be construed as a clarification and codification of the rights and status which the children had on said date.
(P.A. 75-233, S. 12; P.A. 76-279, S. 2; P.A. 80-476, S. 182; P.A. 21-15, S. 148.)
History: P.A. 76-279 rephrased provisions to delete specific reference to A.I.D. children and to require construction as “clarification and codification” of rights and status of children born before October 1, 1975; P.A. 80-476 made minor changes in wording; Sec. 45-69n transferred to Sec. 45a-779 in 1991; P.A. 21-15 replaced “sections 45a-771 to 45a-779, inclusive,” with “section 45a-777 or 45a-778 or this section”, effective January 1, 2022.
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Secs. 45a-780 to 45a-784. Reserved for future use.
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Sec. 45a-785. Property rights of child of decedent conceived and born after death of decedent. Written document re posthumous conception of child. Probate Court jurisdiction. (a) For purposes of determining rights to property to be distributed upon the death of a decedent, a child of the decedent conceived and born after the death of the decedent shall be deemed to have been born in the lifetime of the decedent and after the execution of all of the decedent's testamentary instruments, if:
(1) The decedent executed a written document that: (A) Specifically set forth that his sperm or her eggs may be used for the posthumous conception of a child, (B) specifically provided his or her spouse with authority to exercise custody, control and use of the sperm or eggs in the event of his or her death, and (C) was signed and dated by the decedent and the surviving spouse; and
(2) The child posthumously conceived using the decedent's sperm or eggs was in utero not later than one year after the date of death of the decedent spouse.
(b) The surviving spouse of a decedent who has executed a document described in subsection (a) of this section shall provide a copy of such document to (1) the fiduciary of the decedent's estate, if a Probate Court has admitted the decedent's will to probate or granted administration of the decedent's estate, or (2) the person filing an affidavit or statement in lieu of administration, if the estate is being settled under section 45a-273, not later than thirty days after the date of the decedent's death, appointment of a first fiduciary, or filing of an affidavit or statement in lieu of administration, whichever is latest. Not later than thirty days after the date of receipt of such document, the fiduciary of the decedent's estate or person filing an affidavit or statement in lieu of administration shall provide written notification of the existence of such document to the court. In the absence of being in possession of a document described in subsection (a) of this section, if the fiduciary of the decedent's estate or person filing an affidavit or statement in lieu of administration has actual knowledge that the decedent, during his or her lifetime, preserved sperm or eggs, or executed a document described in subsection (a) of this section, such fiduciary or person shall provide written notification to the court. The failure of a surviving spouse, fiduciary or person filing an affidavit or statement in lieu of administration to comply with the notice requirements prescribed in this subsection shall not impair a child's right to property under subsection (a) of this section.
(c) Except as provided in section 45a-787, the Probate Court having jurisdiction of the estate of the decedent, or if no probate proceedings have been commenced, the Probate Court for the district in which the decedent was domiciled at the time of death, shall have jurisdiction over any dispute relating to the rights to property of a child conceived and born after the death of a decedent, whether or not the property is part of the probate estate. A child or person acting on behalf of a child who claims rights to the property of a decedent under subsection (a) of this section shall prove such claim by clear and convincing evidence.
(P.A. 13-301, S. 1; P.A. 14-122, S. 54.)
History: P.A. 14-122 made a technical change in Subsec. (b)(2).
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Sec. 45a-786. When fiduciary is personally chargeable for assets distributed to a beneficiary or heir. No fiduciary shall be personally chargeable for any assets that a fiduciary may have distributed to any beneficiary or heir when it is determined after the fiduciary made distributions that a child born after the death of the decedent, as provided in subsection (a) of section 45a-785, is entitled to property from the estate, unless: (1) In accordance with the requirements of subsection (b) of section 45a-785, the surviving spouse of the decedent provided the fiduciary with a copy of a document executed by the decedent in accordance with the requirements of subsection (a) of section 45a-785, (2) the fiduciary had actual knowledge at the time of the distributions that the decedent, during his or her lifetime, preserved sperm or eggs or executed a document described in subsection (a) of section 45a-785, or (3) not later than one hundred fifty days after the date of the appointment of the first fiduciary, a person acting on behalf of the child provided written notice to the fiduciary that a child meeting the requirements of subsection (a) of section 45a-785 has been or may be conceived.
(P.A. 13-301, S. 3.)
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Sec. 45a-787. Liability of beneficiary. (a) Following final distribution of all assets known to a fiduciary, if an action is brought in the Superior Court by a child or on behalf of a child claiming rights to property under subsection (a) of section 45a-785, a beneficiary shall be liable, in such action brought by or on behalf of such child, to the extent of the fair market value on the date of distribution of any assets received by such beneficiary from the estate of a decedent, for the property to which the child is entitled and which has not previously been recovered out of assets held by the fiduciary or from any other source described in subsection (b) of this section. For purposes of this section, the date of distribution of real estate specifically devised and real estate passing under the laws of descent and distribution shall be the date of the decedent's death.
(b) No liability may be imposed upon any such beneficiary under subsection (a) of this section, unless the plaintiff establishes to the court that the obligation to the plaintiff cannot be fully satisfied: (1) Because there are insufficient assets available for such purpose in the hands of the fiduciary; and (2) by action against persons prior in liability to the beneficiary under subsections (a), (b) and (c) of section 45a-369, because such persons are insolvent or for any other reason, other than not being amenable to suit in this state, cannot be made to answer for their liabilities.
(P.A. 13-301, S. 4.)
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Sec. 45a-788. Maximum liability of beneficiary. The maximum liability to which a beneficiary is subject under subsection (a) of section 45a-787 is the beneficiary's ratable obligation, in the proportion that the value of the assets passing to the beneficiary bears to the value of all such assets passing to beneficiaries within the same order of liability as the beneficiary under subsection (a) of section 45a-369, and no judgment may be had or entered in favor of any plaintiff against any such beneficiary for more than such ratable obligation.
(P.A. 13-301, S. 5.)
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