Wills, Trusts, and Estates

Posthumously Conceived Child

A posthumously conceived child is one conceived through artificial insemination after his father's death by means of sperm he had frozen during his life.

Under UPC § 2-705, posthumously conceived children can inherit if the distribution date is the date of the parent's death, the child was conceived with 36 months or born with 45 months of the death, and the decedent consented to posthumous conception, proven by a signed writing or other clear and convincing evidence. (This still requires state law to permit it however.)

Under VA Code § 64.2-204, posthumously conceived children inherit as normal children.