What Are the Inheritance Rights of Posthumously Conceived Children

The advancements in healthcare and science have had a large impact on the ability for couples to conceive when and how they want to. Today, more and more women and men are choosing to freeze their eggs or sperm in event of a health crisis, or simply to increase their chances of being able to conceive later in life. With fertility problems at a historic high, many couples have also considered using alternative options such as in vitro fertilization and surrogacy. While their minds are busy with the options for conception, many parents do not know what the inheritance rights of posthumously conceived children are.

Why Does This Matter?

For many couples, the idea of passing on their assets to their children is a no-brainer. Unfortunately, not every state has started to recognize children who are conceived outside of the traditional method as true biological individuals. In the Supreme Court Case Astrue v. Capato, a family discovered that based on Florida Laws, their children conceived through in vitro after the father passed away was not eligible for Social Security benefits.

This process can be frustrating for many parents. It is important to remember that most laws are based on old information in a time when things like in vitro and cryogenically freezing eggs didn’t exist. Although these have been available for over ten years, there is still plenty of unknown in the eyes of the law. Additionally, lawmakers rarely choose to be proactive about this type of situation until it actually arises and requires their attention.

What Happens Next?

At this time, the legal system is still struggling to catch up with science in terms of fertility options. There is no universal law on the matter which is why it is vital to contact a legal representative to find out your options if you are considering alternative options for conception. Each state has its own rules, which vary greatly. Many states including New York, Delaware, and California have strict protocols for this situation which involve written consent and proof of genetic material. Over the next decade, it is expected that these laws will continue to evolve to meet the needs of parents undergoing alternative conception methods.

The Law Office of Anne Dowden Saxton

Attempt to conceive a child through fertility issues can be stressful. Most families have a lot to think about as they weigh their different options and treatment plans. The more you know about Inheritance Rights options before conception, the better chance you have at ensuring that the child you strive to conceive will be able to have the life that you want to provide for them. Contact us today for a free consultation.

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