Presumption-of-Fertility Rule Law and Legal Definition

Presumption of fertility rule is a presumption of law that as far as the rule against perpetuities is concerned every person is capable of having children until the day he or she dies. It is conclusively presumed that a woman can become pregnant as long as she is alive. This presumption arose in the English case Jee v. Audley, 1 Cox 324, 29 Eng. Rep. 1186 (ch. 1787). This rule is also known as the fertile-octogenarian rule.