Download this Paper Open PDF in Browser

Equal Protection, Postmortem Conception, and Intestacy

32 Pages Posted: 30 Nov 2011  

Kristine S. Knaplund

Pepperdine University School of Law

Date Written: 2005

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.

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

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

Kristine S. Knaplund (Contact Author)

Pepperdine University School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

Paper statistics

Downloads
35
Abstract Views
250