The fertile octogenarian

Maybe that old Elizabeth Jee case — the classic “fertile octogenarian” case — wasn’t so wacky after all. From the NYT:

Rajo Devi became the oldest woman in recorded history to ever give birth on November 28, when the 70-year-old delivered a baby girl in India. . . . The baby was conceived through the use of a donor egg that was injected with Ms. Devi’s 72-year-old husband’s sperm. . . . The record age for giving birth has inched up over the years (well, it’s the record if you don’t count Sarah and Abraham in the Bible) passing through the sixth decade — from 62 to 66 to 67 — an occasional woman at a time.

How old was Elizabeth Jee? She was seventy. Modern medical technology has finally brought us the day that Jee makes some sense. If we want to make sure that there’s no vesting outside of lives-in-being-plus-21, then maybe we do need to strike down poor Elizabeth’s gift.

(Of course, common-law RAP has been abolished, or partially superseded by USRAP, in a large number of U.S. jurisdictions. But that does not mean that RAP is dead. USRAP incorporates the common law formulation in one of its prongs, which really only makes the issue more complicated — because now you may have to check both the common law prong and the wait-and-see prong.)

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