32 Pages Posted: 30 Nov 2011
Date Written: 2005
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.
Keywords: PMC, postmortem, conception, parent, parentage, Social Security, benefit, survivor, gametes, constitutional, paternity, inheritance, inherit, beneficiary
Suggested Citation: Suggested Citation
Knaplund, Kristine S., Equal Protection, Postmortem Conception, and Intestacy (2005). Kansas Law Review, Vol. 53, 2005. Available at SSRN: https://ssrn.com/abstract=1965837