Posthumously Born Children

Question 1

For Posthumously born Child to inherit in intestacy under Woodward, need:

Answer 1

[1] Genetic relationship,
[2] consent to posthumous conception
[3] consent to support the children posthumously.

Question 2

For Posthumously born Child to inherit in intestacy under Restatement, need

Answer 2

Child to be
[1] born within a reasonable time after decedent’s death and
[2] in circumstances where decedent would have approved of child’s right to inherit.

Question 3

For Posthumously born Child to inherit in intestacy under UPC, need

Answer 3

(1) either
(A) The individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or
(B) the individual’s intent to be a parent of the child conceived by assisted reproduction after the individual’s death is established by clear and convincing evidence; and
(2) either
The embryo is in utero not later than 36 months after the individual’s death; or
* The child is born not later than 45 months after the individual’s death.

Question 4

For Posthumously born Child to inherit in intestacy under California law, need

Answer 4

• (1) Clear and convincing evidence that the decedent consented to posthumously conceived children in writing;
• (2) Notice to the decedent’s estate within 4 months of his death that posthumous reproduction is a possibility; and
• (3) The child must be in utero within 2 years of the decedent’s death.