The term posthumous child, or posthumous child in legal terms, refers to a child born after the death of the child’s parent. This can happen in a variety of ways, whether due to the child having been conceived prior to the parent’s death, through the use of assisted reproductive technology or even via the transplantation of a dead parent’s embryo.
Posthumous children may find themselves in a legal battle for inheritance rights depending on the particular circumstances of the child’s birth. In many cases, a posthumous child will not have the same inheritance rights as a living child would, as inheritance typically passes through to the living parent and then to the living relatives of that parent. However, there are a few exceptions that may give posthumous children a claim to inheritance.
Law of Survivorship
The law of survivorship states that a dead person’s property must go to the living heirs. This means that if the parent died without making a will, their property goes to the living family members. A posthumous child is considered a living heir under the law of survivorship, which means that they may be eligible to inherit a dead parent’s property if the parent died without a will. Depending on the state, a posthumous child may even be able to inherit if the parent did have a will, though this is not always the case.
State Laws
The legal conditions surrounding the rights of posthumous children can vary widely state-to-state. In some states, a posthumous child may have a legal claim to a dead parent’s property if the parent died without a will; in other states, a posthumous child may have a claim to property even if the parent had a will. Additionally, some states may have specific laws that allow a posthumous child to inherit from their dead parent if there is a certain amount of genetic or biological connection.
Conclusion
It is important to understand the legal implications of a posthumous child in order to ensure that the child’s rights are protected in the event of a parent’s death. Posthumous children may have a claim to a dead parent’s property based on the law of survivorship or specific state laws, so it is important to look into the specific laws of your state to ensure that your posthumous child is properly protected.