This Article analyzes the legal obstacles facing children conceived after the death of one or both parents. The Author focuses on problems particular to codified Florida law and proposes revisions that would enable posthumously conceived children to inherit from a deceased parent domiciled in the State. The Author proposes updates to Florida’s parentage, probate, and trust codes, which would allow a narrow provision for posthumously conceived children under the State’s intestacy statutes.
The Author advocates imposing several requirements to account for (1) a decedent’s consent regarding his or her genetic material available for posthumous conception; and (2) efficient estate administration as it relates to potential posthumous conception. The Author incorporates gender-neutral language within the proposed statutory language to ensure that all couples receive predictable outcomes for any resulting posthumously conceived children.