Consenting to A Posthumous Child

In a student comment, Amanda Horner discusses the range of approaches for determining if a parent consented to a posthumous child and suggests a method for courts to adopt when making this determination.  Amanda Horner, Comment, I Consented to What?: Posthumous Children and the Consent to Parent After Death, 33 S. Ill. U. L.J. 157 (2008).

Here is part of the introduction to her comment:

The confusion over whether a person has properly consented to parent a posthumous child is clear. States require anything from the marriage of the parents prior to the decedents’ death to a written consent form, signed and dated much like a will. This comment advocates enacting a bright line to determine parental consent; just as sexual intercourse leads to consent to parent a child, the court should establish a similar provision that determines the consent of a posthumous child just as readily. Specifically, Section II of this comment will briefly discuss the technology that allows for the conception of posthumous children. Section III will discuss the cases which have thus far attempted to decipher consent and current law in conjunction with posthumous children. Finally, Section IV will discuss which method the courts should adopt when determining consent.