Idaho Requires Quick Birth of Afterborn Heirs

As of July 1, 2005, Idaho will require posthumous heirs to be born within 10 months of a decedent’s death.

Previously, the statute permitted an afterborn to share in an inheritance or gift merely if he or she was conceived before the decedent’s death.

This statute is a reaction to the increasing use of artificial reproduction techniques which allow a person who is conceived before a decedent’s death to be born years or decades thereafter (e.g., by freezing an embryo which is later implanted and brought to term).

2005 Idaho Laws ch. 123.