Cryopreserved Sperm and the Shortcomings of Probate Law

Abstract

This article raises some of the many questions that exits under current law concerning cryopreserved sperm and probate law that need to be addressed by updating state law. The article discusses issues such as human tissue being treated as property, the changes in the judicial treatment of cryopreserved sperm, and the issue of whether it constitutes property are addressed in this article on marital property law and its effects on disposal of a decedent’s cryopreserved sperm. The comment also discusses the issues surrounding determination of who the child belongs to, what type of visitation rights and adoption rights apply and the potential issues when the "Rule Against Perpetuities" also comes into effect.