Inheritance Rights of the Posthumously Conceived Child: What Exactly Does Lauren Woodward V. Comm. Of Social Security Decide?
Massachusetts Law Review, Vol. 87, No. 49, 2002
Posted: 22 Apr 2005
The author, who serves as Chair of the Real Property, Probate and Trusts Section's Bioethics Committee (American Bar Association) critically analyzes the tests set forth by the Supreme Judicial Court of Massachusetts in allowing intestate succession by posthumously conceived children in certain circumstances. The author argues inter alia, that written consent of the parent would be preferable to the Woodward court's requirement of affirmative consent, and that a consent to support any resulting child need not be required, despite the court's ruling. Finally, he makes suggestions regarding an issue that the court did not decide: what the time limit, measured from the parent's death, should be for filing a claim for inheritance on behalf of the posthumously conceived child.
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