Fertile Octogenarian Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Fertile Octogenarian, written in plain English, along with examples of how it is used.

What is Fertile Octogenarian?

n. The notion that any male or female regardless of their age, infirmity or physical deficiency, is capable of having a child. For instance, a child would have to wait until their mother and father have deceased so that they could receive a property title since he/she may still be able to acquire a sibling. This unnecessarily tied up the property and most states have passed laws to resolve this issue.

History and Meaning of Fertile Octogenarian

The term "fertile octogenarian" refers to the idea that any male or female, regardless of their age or physical condition, is capable of having a child. This belief has been widely discredited within the medical community, as it is well established that fertility decreases significantly with age, especially after the age of 40.

Despite this fact, the idea of fertile octogenarians has had some legal implications, particularly in relation to inheritance laws. In the past, it was not uncommon for children to have to wait until their parents' deaths in order to inherit property titles, as their parents may still be able to acquire a sibling due to their fertility. This often led to disputes over property and inheritance, and many states have since passed laws to prevent this issue.

Examples of Fertile Octogenarian

  1. In a movie plot, a wealthy old man decides to marry a woman who is nearly 60 years younger than him in the hope that he could still have children at the age of 85 due to his belief in being a fertile octogenarian.

  2. A news article describes the case of an 87-year-old woman who became pregnant and gave birth to a healthy child. Although extremely rare, the concept of fertile octogenarians has led to stories like this being reported in the media.

  3. In a legal case, siblings are fighting over their inheritance after their parents died. One sibling argues that their parents should have been able to have another child, and thus their inheritance should be held in trust until their potential sibling is born. This argument relies on the belief in fertile octogenarians.

Legal Terms Similar to Fertile Octogenarian

  1. Age Discrimination - the unfair treatment of an individual based on age, which can include discrimination against older individuals in terms of employment, housing, and other areas.

  2. Testamentary Capacity - the legal term for an individual's ability to make a will, which can be affected by factors such as age, mental capacity, and illness.

  3. Incompetence - the inability of an individual to understand or make decisions about their own affairs, which can be caused by factors such as age or mental incapacity.