Response to a challenge

The Arkansas Legislature has recently been challenged by the Arkansas Supreme Court (and subsequently by the Arkansas Democrat-Gazette) to craft a law to fix a permanent solution to advances in reproductive technology related to intestacy (dying without a valid will). I don't think it's as controversial as advertised. The Arkansas Supreme Court recently ruled as follows:

It is clear from the statute that in order to inherit through intestate succession as a posthumous descendant, the child must have been conceived before the decedent’s death. However, the statutory scheme fails to define the term “conceived.”

[W]e strongly encourage the General Assembly to revisit the intestacy succession statutes to address the issues involved in the instant case and those that have not but will likely evolve.

The Commissioners on Uniform State Laws have drafted a comprehensive 66-page bill and recommend its passage. Here's the text of the proposed legislation (begin with Article 7). As you can see, several sections of this bill aren't necessary to update the current Arkansas law. This bill has been introduced in Nevada and Alabama.

Of course, the underlying case deals with social security benefits, and although it's probably not a popular decision, the Arkansas Supreme Court made the right decision and passed it on (as they should have). It was passed to them by a federal court. As an editorial aside, I think the link shows that the statute can be addressed without having people marching in the streets regarding the definition of the term "conceived." After all, this section shouldn't be all that controversial:

SECTION 707. PARENTAL STATUS OF DECEASED INDIVIDUAL. If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm, or embryos, the deceased individual is not a parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.