Florida Intestate Rules: Children born through Assisted Reproductive Methods

A still developing area in Florida estate planning involves the rights of children born through assisted reproductive methods to the decedent’s estate. Assisted reproductive methods include in vitro insemination, artificial insemination, and donated eggs.

According to Florida law, a child born through assisted reproductive methods “shall not be eligible for a claim against the decedent’s estate unless the child is provided for in the decedent’s will.”

And Florida, among many other states, has an intestacy law (FLS § 742.17) that specifically denies inheritance rights to posthumously conceived children. However, if the children are provided for in the will, they gain back their inheritance rights.

In 2012, in a unanimous 9-0 decision, the Supreme Court ruled in Astrue v. Capato that children born after the death of their father were not entitled to Social Security benefits. This was decided due to the fact that the father passed away in Florida and the state’s intestacy laws prohibit posthumously conceived children from inheritance.

If parents in Florida wish to provide for a child born through assisted reproductive methods or conceived posthumously, then it is crucial that the parent explicitly provide for the child in the last will and testament.

If you have further questions regarding estate planning to benefit a child born through assisted reproductive methods, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.