Section 91-1-NEW - [Newly enacted section not yet numbered] [Assisted reproductive technology - When individuals entitled to a share of a child's part of decedent's personal property](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.
Miss. Code § 91-1-NEW
Added by Laws, 2024, ch. (number not assigned at time of publication), HB 1542,§ 1, eff. 5/13/2024.