Equal Protection, Postmortem Conception, and Intestacy

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