Alabama Declares Frozen Embryos Are Children, Creating Nightmare Rule Against Perpetuities Hypo

Wow, I had not thought about the Rule agaist Perpetuities essentially, this prohibits the control of property long after the death of those originally involved in it. Most times the interest has to end within 21 years of anyone who was alive at the time it was created. In Alabama it is:

(a) A nonvested property interest is invalid unless:
(1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or
(2) the interest either vests or terminates within 100 years after its creation.

Keep the freezers going and (1) never holds. The individual will never die. And then they can cover (2) by using a rolling set of interests that say vest then revest again.

I bet there are going to be some great attempts to abuse this.

Of course there is another huge problem. The embryo is both alive and dead because the only way to prove it is alive is to put it into a womb, at which point it may not survive, thus killing it. Gonna be great lawsuits.