House Bill 1542

(As Sent to Governor)

AN ACT TO ENACT THE CHRIS MCDILL LAW; TO PROVIDE THAT FOR THE PURPOSES OF INTESTATE SUCCESSION, IF THE DECEDENT DIES BEFORE THE START OF A PREGNANCY BY ASSISTED REPRODUCTION RESULTING IN THE BIRTH OF AN INDIVIDUAL WHO LIVES AT LEAST 120 HOURS AFTER BIRTH, THAT INDIVIDUAL IS DEEMED TO BE LIVING AT THE TIME OF THE DECEDENT'S DEATH UNDER CERTAIN CONDITIONS; TO PROVIDE A PROCEDURE FOR THE DESCENT AND DISTRIBUTION OF THE DECEDENT'S ESTATE; TO AMEND SECTIONS 91-1-11 AND 91-1-7, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) This section shall be known and may be cited as the "Chris McDill Law."

(2) For purposes of this section, the following words shall have the meaning herein ascribed unless the context clearly requires otherwise:

(a) "Assisted reproductive technology" means a method of preserving fertility or attempting pregnancy through means other than by sexual intercourse, including, but not limited to, the following:

(i) Intrauterine, intracervical, or vaginal insemination;

(ii) Donation of gametes;

(iii) Donation of embryos;

(iv) Receiving of gametes;

(v) Receiving of embryos;

(vi) In vitro fertilization;

(vii) Embryo transfer; and

(viii) Intracytoplasmic sperm injection.

(b) "Personal property" means goods and chattels or personal estate.

(3) When any person shall die possessed of personal property not bequeathed before the start of a pregnancy by assisted reproductive technology resulting in the birth of an individual who lives at least one hundred twenty (120) hours after birth, that individual is deemed to be living at the time of the decedent's death and shall be entitled to a child's part of the decedent's personal property as provided in this section if the decedent's personal representative and the court, not later than six (6) months after the decedent's death, received notice or had actual knowledge of an intent to use the decedent's genetic material in the assisted reproduction; and

(a) The embryo was in utero not later than thirty-six (36) months after the decedent's death; or

(b) The individual was born not later than forty-five (45) months after the decedent's death.

(4) (a) This section shall only be applicable if there is a record signed by the decedent and the person who intends to use the decedent's genetic material in the assisted reproductive technology that the decedent consented to the use of the decedent's genetic material in assisted reproductive technology after the death of the decedent.

(b) There shall be a rebuttable presumption that the decedent did not consent to the use of the decedent's genetic material in the assisted reproductive technology if the decedent was divorced or legally separated at the time of the decedent's death from the person who wishes to use the decedent's genetic material in the assisted reproductive technology.

(5) An individual deemed to be living at the time of the decedent's death under subsection (3) of this section shall be entitled to a child's part of the decedent's personal property, or the equivalent value thereof. If more than one (1) individual is deemed to be living at the time of the decedent's death under subsection (3) of this section, each individual shall be entitled to an equal share of a child's part of the decedent's personal property, or the equivalent value thereof.

(6) (a) Upon receipt of notice or the actual knowledge required under subsection (3) of this section, the court shall:

(i) Set aside a child's part of the decedent's personal property, or the equivalent value thereof, for distribution to an individual deemed to be living at the time of the decedent's death under subsection (3) of this section;

(ii) Distribute the remainder of the decedent's estate, except for the set-aside child's part of the decedent's personal property, or the equivalent value thereof, according to the statutes of descent and distribution; and

(iii) Enter an order closing the estate for all purposes except the distribution of the set-aside part of the decedent's personal property or the equivalent value thereof.

(b) If an individual is deemed to be living at the time of the decedent's death under subsection (3) of this section, the court shall distribute the set-aside portion of the decedent's personal estate according to subsection (5) of this section. If no individual is deemed living at the time of the decedent's death under subsection (3) of this section, the court shall distribute the set aside portion of the decedent's personal estate as is otherwise provided according to the statutes of descent and distribution.

(7) It is the intent of the Legislature that an individual deemed to be living at the time of the decedent's death under subsection (3) of this section shall be eligible for federal benefits under subchapter II of Chapter 7 of Title 41 of the United States Code.

SECTION 2. Section 91-1-11, Mississippi Code of 1972, is amended as follows:

91-1-11. (1) Except as provided in subsection (2) of this section, when any person shall die possessed of goods and chattels or personal estate not bequeathed, the same shall descend to and be distributed among his or her heirs in the same manner that real estate not devised descends.

(2) When any person shall die possessed of goods and chattels or personal estate not bequeathed, the provisions of Section 1 of this act are applicable in determining whether a child of a decedent is living at the time of the decedent's death.

SECTION 3. Section 91-1-7, Mississippi Code of 1972, is amended as follows:

91-1-7. (1) If a husband dies intestate and * * * do does not leave children or descendants of children, his widow shall be entitled to his entire estate, real and personal, in fee simple, after payment of his debts; but where the deceased husband * * * ~~shall~~ leaves a child or children by that or a former marriage, or descendants of such child or children, his widow shall have a child's part of his estate, in either case in fee simple. If a married woman dies owning any real or personal estate not disposed of, it shall descend to her husband and her children or their descendants if she * * * ~~have~~ has any surviving her, either by a former husband or by the surviving husband, in equal parts, according to the rules of descent. If she * * * ~~have~~ has children and there also * * * be are descendants of other children who have died before the mother, the descendants shall inherit the share to which the parent would have been entitled if living, as coheirs with the surviving children. If she * * * ~~have~~ has no children or descendants of them, then the husband shall inherit all of her property.

(2) The provisions of Section 1 of this act are applicable in determining whether a child of a decedent is living at the time of the decedent's death.

SECTION 4. This act shall take effect and be in force from and after its passage.