In determining whether any person is a child or descendant for purposes of this trust agreement, the following shall apply:
- A “child” of a person includes, as of the time such determination is to be made:
- A child born to such person or to such person’s spouse while they are lawfully married, including any child conceived by natural means with such person’s genetic material or by using artificial reproductive technology with or without such person’s genetic material;
- A child lawfully adopted through court proceedings by such person prior to the child attaining the age of 21 years;
- If the person is biologically female, a child (i) born to such person, regardless of whether such child was conceived with the person’s genetic material, unless such birth was pursuant to a gestational or surrogacy agreement, or (ii) born to another individual but conceived with such person’s genetic material, unless such person acted solely as the donor of such genetic material without the intent to become a custodial parent of such resulting child; or
- If the person is biologically male, a child who was conceived with the person’s genetic material and who the person acknowledges as such person’s child by delivering his signed, written acknowledgment to the Trustee during the person’s lifetime or by marrying such child’s genetic mother after the child is born; provided, however, that such individual shall not be deemed to be the child of such person for purposes of this Trust until the date on which the Trustee receives such acknowledgment or such marriage takes place; provided, however, that in all cases an individual shall cease to be the “child” of a person when the parental rights of such person with respect to such child are terminated during such person’s lifetime through adoption court proceedings.
- The “genetic material” of a female person refers to the ovum of such person, and the “genetic material” of a male person refers to such person’s sperm.
- A child of a person is a “descendant” of that person and of all ancestors of that person. A person’s descendants include all children of such person and such children’s descendants whenever born. Except when distribution or allocation is directed to descendants per stirpes, the word “descendants” includes descendants of every degree whether or not a parent or more remote ancestor of a descendant is also living.
- Notwithstanding the foregoing, a person’s posthumously born child as defined above shall be deemed a “child” of such person as of such person’s death only if the child is born alive no more than ten (10) months after such person’s death and if such child lives for at least ninety (90) days.