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LSDefine

Simple English definitions for legal terms

posthumous child

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A quick definition of posthumous child:

A posthumous child is a baby who is born after one of their parents has died. This can be important when it comes to things like inheriting money or getting benefits. If the parent died before the baby was born, it can be tricky to figure out if the baby should get the same things as other children. If the baby was made using the parent's sperm or egg after they died, it's even more complicated. In those cases, there has to be proof that the parent wanted the baby to get the same things as their other children. If there's no proof, the baby might not be able to inherit anything.

A more thorough explanation:

A posthumous child is a child who is born after one of their biological parents has died. This can be important when it comes to things like inheritance or survivor benefits.

For example, if a man dies and his wife is pregnant with their child, that child would be considered a posthumous child. The child would still be entitled to any inheritance or benefits that the father had intended to leave them.

However, if a child is conceived after the death of a parent through artificial means without the parent's prior consent, they may not be considered that person's child under intestacy laws.

It's important to note that posthumous children conceived before the death of one parent are treated no differently than those who were already born at the time of that parent's passing.

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