Equal Protection, Postmortem Conception, and Intestacy

Abstract:     
This article discusses three issues that arise involving postmortem conception (PMC), inheritance, and the unintended consequences of the law such as it was in 2005: (1) the financial incentives to having a PMC child, (2) varying state laws on whether a PMC child can prove paternity and inherit from the father, and (3) constitutional issues that may arise if the PMC child is precluded from establishing paternity. It also proposes a solution in line with the purposes of the Social Security survivor provisions and of inheritance.

Number of Pages in PDF File: 32

Keywords: PMC, postmortem, conception, parent, parentage, Social Security, benefit, survivor, gametes, constitutional, paternity, inheritance, inherit, beneficiary

Accepted Paper Series