Article On The Inheritance Rights Of Posthumously Conceived Children

Jeffrey Walters (Valparaiso University School of Law, J.D. 2015) recently published an article entitled, Thawing the inheritance rights of maybe babies: an answer to Indiana’s statutory silence on posthumously conceived children, 48 Val. U. L. Rev. 1229-1268 (2014). Provided below is an excerpt from the article:

This Note argues that Indiana should adopt legislation creating a right for posthumously conceived children to inherit from their parent’s intestate estate.First, Part II of this Note provides a general background of what constitutes a posthumously conceived child, the technology that allows for their conception, recent court decisions that have addressed the constitutional protections that should be afforded to children, and model codes that provide potential remedies^. Second, Part III analyzes the constitutionality of limiting a posthumously conceived child’s right to inherit and evaluates the competing state and personal interests at stake.Finally, Part IV proposes that Indiana should adopt legislation creating a right for posthumously conceived children to inherit, but should provide for the right only if certain requirements are met.