Partner Joshua Rubenstein Interviewed on New Hampshire Public Radio on Rights of Frozen Embryos

Joshua Rubenstein, Chair of the firm’s Trusts and Estates Practice, was interviewed on New Hampshire Public Radio on the inheritance rights of frozen embryos and posthumously procreated children. Mr. Rubenstein, who has litigated cases representing frozen genetic material, says that states have now begun to address the related inheritance issues. Rather than courts making these determinations, Mr. Rubenstein says, “It’s going to have to be the legislatures... of each state, because this is not a federally regulated area. It’s a state-regulated area.” One important concern for families is the rights of each beneficiary of a trust. “If you were permitted continually to defrost and implant these babies, they could essentially squeeze out all of the other beneficiaries of the trust, because they can increase in number whereas the ones who are alive are finite in number,” Mr. Rubenstein says. (“Give Me My Money... Right After You Defrost Me,” November 9, 2010)