Publication Date
2010
Abstract
The advent of assisted reproductive technologies has brought into existence a new class of children: those not conceived until after the death of one biological parent, or posthumously conceived children. Such a child may be born after a parent dies from a terminal illness or is killed in military action. Is the child legally recognized as the child of the deceased parent,and may the child inherit from that parent's estate? Not surprisingly, the law has been slow to evolve to deal with this relatively new concept. Only twelve states to date have enacted statutes specifically addressing posthumously conceived children, so when courts are asked to address the rights and status of these children, they must do so within the framework of outdated intestacy and parentage statutes. Statutory provisions enacted to define the rights and statuses of other special classifications of children-such as those conceived through assisted reproductive technologies and those born to unwed parents-shed some light on the situation,as they similarly must balance the competing interests of multiple parties within the family structure. This Note examines such provisions and recommends five features that legislatures should employ when crafting statutes that define the rights of posthumously conceived children. Those statutory features would combine to strike an appropriate and equitable balance of the interests of the deceased parent,the deceased parent's surviving partner,the deceased parent's other children, and the posthumously conceived child.
Recommended Citation
Wood, Morgan K.
(2010)
"It Takes a Village: Considering the Other Interests at Stake when Extending Inheritance Rights to Posthumously Conceived Children,"
Georgia Law Review: Vol. 44:
No.
3, Article 8.
Available at:
https://digitalcommons.law.uga.edu/glr/vol44/iss3/8