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§ 11-113. Consent of decedent for use of genetic material for posthumous conception

West's Annotated Code of MarylandEstates and TrustsEffective: June 1, 2013

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 11. Miscellaneous Rules (Refs & Annos)
Subtitle 1. General (Refs & Annos)
Effective: June 1, 2013
MD Code, Estates and Trusts, § 11-113
§ 11-113. Consent of decedent for use of genetic material for posthumous conception
Written consent of decedent
(a) If a decedent consented in a written record to use of the decedent's genetic material for posthumous conception in accordance with the requirements of § 20-111 of the Health--General Article, the following shall be filed with the register of wills for the county in which the decedent's estate is probated in the State or, if there is no probate estate filed, with the register of wills for the county in which the decedent was domiciled in the State at the date of death:
(1) A copy of a posthumously conceived child's birth record; and
(2) The written consents required by § 1-205(a)(2) or § 3-107(b) of this article.
Filing of written consents
(b)(1) Subject to paragraph (2) of this subsection, the written consents required by § 1-205(a)(2) or § 3-107(b) of this article shall be filed under subsection (a) of this section within 6 months after the date of the decedent's death.
(2) With respect to a decedent who dies between October 1, 2012, and May 30, 2013, inclusive, the written consents required by § 1-205(a)(2) or § 3-107(b) of this article shall be filed under subsection (a) of this section by December 1, 2013.
(3) A copy of a posthumously conceived child's birth record shall be filed within 2 years and 60 days after the date of the decedent's death.
Distribution of property
(c) Absent the filing as required in this section of a posthumously conceived child's birth record and the written consents required by § 1-205(a) (2) or § 3-107(b) of this article:
(1) A person holding property that passes by reason of the death of the decedent may distribute or deliver the property without liability for a claim by any posthumously conceived child unknown to the person; and
(2) The transferee of any such property shall be entitled to receive the property without liability for a claim by any posthumously conceived child unknown to the transferee.

Credits

Added by Acts 2013, c. 644, § 1, eff. June 1, 2013.
MD Code, Estates and Trusts, § 11-113, MD EST & TRST § 11-113
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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