Post-Mortem Conception, Inheritance, and New York Law

Erica Howard-Potter (J.D., 2006, Albany Law School) has recently published her article entitled Beyond Our Conception: A Look at Children Born Posthumously Through Reproductive Technology and New York Intestacy Law, 14 Buff. Women’s L.J. 23 (2005-2006).

Here is an excerpt from the article’s introduction:

This comment will first discuss the different types of assisted reproductive technologies, common law presumptions of paternity and the law behind posthumous (or after-born) and non-marital children. Next, this comment will look at the United States cases that have dealt with the issue of posthumously conceived children, followed by the approaches taken by the American Law Institute, the National Conference of Commissioners on Uniform State Laws, the American Bar Association and the few state legislatures that have specifically dealt with this issue. A focus on current New York law will follow, including the intestacy statute, a section of the domestic relations law, the non-marital children statute, case law and a look to policy recommendations made by a New York State task force created specifically to discuss children born as a result of assisted reproductive technology. Additionally, there is current proposed legislation in New York concerning after-born children and children of assisted reproduction that will be discussed. There will then be a brief discussion about wills, detailing the difference between posthumously conceived children’s rights under a will versus under intestacy law. Finally, there will be some proposals and suggestions made to the New York State Legislature on how New York should handle this issue.