Inheritance Rights of Posthumously Conceived Children
For example, parents have a legal obligation to support minor children-an obligation that extends to the fathers of nonmarital children. If under a state law, a deceased gamete provider is considered the parent of a posthumously conceived child, then it follows that the child should receive financial support from that parent. But how? If the decedent died without a will, the posthumously conceived child could perhaps seek to obtain financial support by inheriting from the decedent’s estate through intestacy. If the decedent leaves a will, the child may be able to share in the estate as a member of a class of children, perhaps as a specifically contemplated future child or under a pretermitted heir statute. The deceased parent’s estate is not, however, administered in a bubble. Each of these potential support mechanisms carries a consequent effect-on the state’s interest in quickly administering estates, on other beneficiaries’ or heirs’ rights to share in the estate, and on the surviving parent’s right to consider her options and make an informed decision about whether to attempt posthumous conception.
This Note explores ways in which states can address this complicated and unexplored area of the law and craft statutes that will not only recognize the right of posthumously conceived children to inherit from their deceased parents but also protect the interests of the other parties involved. Part II summarizes the law as it exists, examining how posthumous conception issues arise, the sparse case law on point, and the few statutes that specifically address posthumously conceived children. Part III reviews other special classifications of children and the statutes addressing their statuses and rights. Part III then discusses the competing interests in situations involving the rights of posthumously conceived children and suggests possible statutory provisions that strike an appropriate and equitable balance of those interests.