The Modern Family

In determining whether any person is a child or descendant for purposes of this trust agreement, the following shall apply:

1. A “child” of a person includes, as of the time such determination is to be made:
   1. 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;
   2. A child lawfully adopted through court proceedings by such person prior to the child attaining the age of 21 years;
   3. 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
   4. 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.
2. 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.
3. 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.
4. 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.

In determining whether any person is a beneficiary of any trust hereunder, a posthumous child of a decedent not in utero at the decedent’s death shall be treated as a child of the decedent only if:

a.       The child is born of the decedent’s gametes, whether the embryo is formed before or after the decedent’s death; and

b.       The child is born within 36 months of the death of the decedent; and

c.       The decedent provided written consent for such decedent’s  gametes to be used to conceive a posthumous child of the decedent, and the decedent had not revoked such consent prior to death; and

d.       The trustee receives the following:

1. If the child is living on the date on which such child’s beneficial interest in the trust would otherwise take place, the trustee receives a copy of such written consent of the decedent within six months after the later of (i) the date such child’s beneficial interest in the trust would otherwise take effect or (ii) the date such decedent’s death certificate is issued; or
2. If the child is not living on the date on which such child’s beneficial interest in the trust would otherwise take place, the trustee receives the following within six months after the decedent’s death certificate is issued:
   1. A copy of such written consent of the decedent from a person to whom the decedent gave such consent, and
   2. A signed and acknowledged written notice from such person, stating that (i) the decedent’s gametes exist; (ii) the person has the intent to use the gametes in a manner that could result in a child being born within [36] months of the death of the decedent; and (iii) the person has the intent to raise any such child born as such person’s child.

In the event the Trustee receives notice as described in (d)(2) above, any division of a trust hereunder that would have taken place at the time of such decedent’s death shall be postponed, but no longer than [36] months after the decedent’s death, until any such posthumous child is born.  The posthumously conceived child will be treated as in being on the date of the decedent’s death for purposes of determining shares and class membership but will not be entitled to share in any distributions made between the date of the decedent’s death and the date of such child’s birth.

Descriptive headings in this trust agreement are inserted for reference purposes only and are not to be considered as forming a part of this trust agreement in the interpretation of its provisions. All words used to refer to any specific gender shall extend to include all genders [and gender identities, including no gender] and any confirmation of gender shall not exclude any beneficiary from receiving benefits conferred upon the beneficiary under this trust agreement. Any singular words shall include the plural expression, and vice versa, specifically including “child” and “children,” when the context and facts so require, and any pronoun shall be taken to refer to the person or persons intended regardless of gender or number.