Question

Should posthumously conceived children have the same inheritance rights as children born during the decedent’s life? Why or why not? How can a balance be struck between the interests of children born dur- ing the lifetime of the decedent and those born after the parent’s death? answer in 200 words

Answer 1

A child conceived after the father’s death is considered a posthumous child. The general rule under the law of inheritance states that a child conceived after the death of the parent using unnatural means cannot be considered as an heir of the parent. If the child was conceived through natural means, before the death of the parent, then the child can be a legal heir.

A balance can be established between the interests of natural born children and posthumous born children. This can be done by the deceased parent before his or her death. The parent needs to express in a signed document that his or her genetic material can be used for the posthumous conceiving and birth of a child. This way, he or she is giving the consent to have a posthumous child and there will be considered no difference between the natural born and the posthumous born in such a situation. However, if there is no agreement given by the parent before death, the posthumous child will face problems in claiming the legal heir and ownership in the parent’s properties.

https://pdfs.semanticscholar.org/8224/b724ac282692ac5e81e8deece6618d82c42f.pdf

http://eprints.maynoothuniversity.ie/9083/1/MaddoxPosthumousConceptionandInheritance.pdf