A bill to secure inheritance rights for posthumously-conceived children – those conceived via in vitro fertilization after the death of one parent – passed the Senate floor with overwhelming support late on deadline day. It passed the House unanimously in mid-March.
This is the fifth year Rep. Dana McLean, R-Columbus, has filed the measure to bring Mississippi in line with 27 other states. These bills, inspired by the personal story of Katie Studdard and her daughter Elyse McDill of Columbus, died during the legislative process the past four sessions.
“After five years of work on this issue, today is the culmination of a long and challenging journey,” McLean said. “I am deeply grateful for the collaborative efforts of fellow legislators, constituents and supporters, all who contributed to this very favorable outcome. I couldn’t be happier for this family.”
Studdard, whose 5-year-old daughter has been denied social security benefits from her late biological father since birth, has gotten more acquainted with the Legislature than most Mississippians.
“When I was first told by several lawyers that the law would have to change I was like ‘well, how do we do that?’ And then I took the first step,” she recounted. “To see where we are five years later, it’s just amazing what’s happened and what I’ve learned.”
Sen. Brice Wiggins, chairman of the Judiciary A committee where the bill was assigned, passed it through committee the last two years but never brought it to a floor vote due to “unintended consequences” he worried would arise in estate matters. This year, after Mississippi Today published a story about Studdard’s plight, he allowed her to address the committee, and brought the bill in front of the full Senate – where it received only one ‘no’ vote.
“We wouldn’t be here without Mrs. Studdard’s dedication, passion and personal testimony,” Wiggins told Mississippi Today in a statement. “Her journey to ensure SSI benefits for IVF parents and children in Mississippi is one step closer to reality thanks to the work of Sen. Chuck Younger and the Senate Judiciary A Committee.”
The bill, which passed the Senate with an amendment, would normally go back to the House for approval of the amended version. But since Wiggins added a reverse repealer, it will automatically go to conference, where Wiggins said he intends to make more changes and will continue to prioritize “avoiding unintended consequences.”
He did not specify what unintended consequences he meant.
When a bill goes to conference, several lawmakers from both chambers debate the bill’s details and can introduce new changes.
McLean said she doesn’t foresee the House having problems with the amended bill but hopes the Senate doesn’t make significant changes to the spirit of the bill in conference.
“I don’t think the House will have a problem with the changes,” she said. “We just want to provide for posthumously conceived children.”
Although it’s been a tumultuous few years, Studdard said she’s happy to have witnessed redemptive aspects of the legislative process. She’s overjoyed that the Senate proposed naming the law after her late husband, Chris McDill, and is proud to model for her daughter and her students that it is possible for an everyday person to enact policy change.
“When I was listening to the livestream and Brice used my name, my daughter was like ‘mama, that’s you!’ and I was like ‘I know!’ It was really cool. I know she doesn’t understand the full picture, but she will one day, and I look forward to seeing how her understanding of this grows over time,” Studdard told Mississippi Today. “And hope she knows and appreciates how much she and her story has meant to so many people.”
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