Article: Posthumous Pregnancy and Uniform Law

The Uniform Parentage Act (2017) permits the creation of a parent-child relationship between a deceased individual and a child conceived by posthumous pregnancy only if the embryo is in utero not later than 36 months, or the child is born not later than 45 months, after the deceased individual’s death. These time limits derive from the 2008 Uniform Probate Code, which applied the time limits in the context of probate administration, where there is a need for finality within a defined time after the decedent’s death. The Uniform Parentage Act applies the time limits for all parentage purposes. Using the facts of In re Martin B. as a springboard, this Essay argues that the time limits are not appropriate in some contexts, such as distributions pursuant to a class gift of a future interest in trust. The Essay urges the Uniform Law Commission to replace the Parentage Act’s blanket time limits with a more calibrated approach to parentage finality, in order to be more successful at achieving the purposes of wealth transfer law and parentage law.