Inheritance and the Posthumously Conceived Child

Abstract

A child may be born after the death of its natural father. That has always been the case. Modern advances in technology now create a new possibility and a child may be both conceived and born after the death of its father. This creates many legal complexities and uncertainties, one of which relates to the posthumously conceived child’s capacity to inherit from the deceased father’s estate. This article examines the novel legal questions that arise in relation to such children and succession. In particular, the extent to which sperm is inheritable, the obstacles faced by posthumously conceived children in inheriting from the natural father and the circumstances when a duty to provide for the child from the estate will arise.