After a husband dies, can his wife legally use existing fertilized eggs to have a second child?

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After a husband dies, can his wife legally use existing fertilized eggs to have a second child?

Married man and woman have a child through in vitro process.Husband ten dies. The second child the woman desires is from the left over fertilized eggs from the first in vitro procedure when husband and wife received their first child. Now since her husband is dead is she legally allowed to use those eggs with his sperm to conceive a child? Are there restrictions? What if she remarries?

Asked on June 2, 2011 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sure that if you google this issue there will be a bunch of hits on it out there.  Thinking logically, the fertilized eggs were both yours and his "asset" and now that he has passed away they are part of his estate.  I would think that they would pass to you automatically and not be part of his general estate but I can not be sure about that without doing a little research on it.  Did he leave a Will leaving everything to you? Or the "rest residue and remainder" of the assets not specifically listed to you?  Then I would think that they would be yours to do with as you please.  Good luck.


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