1. For the purposes of rules relating to intestate succession, a child of an intestate conceived and born after the intestate’s death or born as the result of the implantation of an embryo after the death of the intestate is deemed a child of the intestate as if the child had been born during the lifetime of the intestate and had survived the intestate, if all of the following conditions are met:

 a. A genetic parent-child relationship between the child and the intestate is established.
 b. The intestate, in a signed writing, authorized the intestate’s surviving spouse to use the deceased parent’s genetic material to initiate the posthumous procedure that resulted in the child’s birth.
 c. The child is born within two years of the death of the intestate.
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Terms Used In Iowa Code 633.220A

  • Child: includes an adopted child but does not include a grandchild or other more remote descendants, nor, except as provided in sections 633. See Iowa Code 633.3
  • Estate: means the real and personal property of either a decedent or a ward, and may also refer to the real and personal property of a trust described in section 633. See Iowa Code 633.3
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Heir: means any person, except the surviving spouse, who is entitled to property of a decedent under the statutes of intestate succession. See Iowa Code 633.3
  • Intestate: Dying without leaving a will.
  • Surviving spouse: means the surviving wife or husband, as the case may be. See Iowa Code 633.3
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. Any heir of the intestate whose interest in the intestate’s estate would be reduced by the birth of a child born as provided in subsection 1 shall have one year from the birth of the child within which to bring an action challenging the child’s right to inherit under this chapter.
 3. For the purposes of this section, “genetic material” means sperm, eggs, or embryos.
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