Posthumous birth

Legal implications

Posthumous birth has special implications in law, potentially affecting the child's citizenship and legal rights, inheritance, and order of succession. Legal systems generally include special provisions regarding inheritance by posthumous children and the legal status of such children. For example, Massachusetts law states that a posthumous child is treated as having been living at the death of the parent, meaning that the child receives the same share of the parent's estate as if the child had been born before the parent's death. Another emerging legal issue in the United States is the control of genetic material after the death of the donor. United States law holds that posthumous children of U.S. citizens who are born outside the United States have the same rights to citizenship that they would have had if the deceased U.S. citizen parent had been alive at the time of their birth.

In monarchies

A posthumous birth has special significance in the case of hereditary monarchies following primogeniture. In this system, a monarch's own child precedes that monarch's sibling in the order of succession. In cases where the widow of a childless king is pregnant at the time of his death, the next-in-line is not permitted to assume the throne, but must yield place to the unborn child, or ascends and reigns until the child is born. In monarchies that follow male-preference cognatic primogeniture, the situation is similar where the dead monarch was not childless but left a daughter as the next-in-line, as well as a pregnant widow. A posthumous brother would supplant that daughter in the succession, whereas a posthumous sister, being younger, would not. Similarly, in monarchies that follow agnatic primogeniture, the sex of the unborn child determines the succession; a posthumous male child would himself succeed, whereas the next-in-line would succeed upon the birth of a posthumous female child.

Modern complications

Posthumous conception by artificial insemination or in vitro fertilization, whether done using sperm or ova stored before a parent's death or sperm retrieved from a man's corpse, has created new legal issues. When a woman is inseminated with her deceased husband's sperm, laws that establish that a sperm donor is not the legal father of the child born as a result of artificial insemination have had the effect of excluding the deceased husband from fatherhood and making the child legally fatherless. In the United Kingdom before 2000, birth records of children conceived using a dead man's sperm had to identify the infants as fatherless, but in 2000 the government announced that the law would be changed to allow the deceased father's name to be listed on the birth certificate. In 1986 a New South Wales legal reform commission recommended that the law should recognize the deceased husband as the father of a child born from post-mortem artificial insemination, provided that the woman is his widow and unmarried at the time of birth, but the child should have inheritance rights to the father's estate only if the father left a will that included specific provisions for the child. In 2001, the Massachusetts Supreme Judicial Court was asked to consider whether the father's name should appear on the birth record for a child conceived through artificial insemination after her father's death, as well as whether that child was eligible for U.S. Social Security benefits. The court ruled in January 2002 that a child could be the legal heir of a dead parent if there was a genetic relationship and the deceased parent had both agreed to the posthumous conception and committed to support the child. Different U.S. state courts and federal appellate courts have ruled differently in similar cases. In 2012, the U.S. Supreme Court ruled in Astrue v. Capato that twins born 18 months after their father's death using the father's frozen sperm were not eligible for Social Security benefits, which set a new precedent.

Naming

In the Middle Ages, it was traditional for posthumous children born in England to be given a matronymic surname instead of a patronymic one. This may in part explain why matronyms are more common in England than in other parts of Europe.

Fictional people

Parikshit, the sole survivor of Kuru dynasty in Mahabharata, was born after his father Abhimanyu was killed in the Kurukshetra war.

The Greek god Asclepius is said to have been delivered by caesarean section after his mother was killed on Mount Olympus.

Macduff, a character in Shakespeare's Macbeth, revealed that he was not literally born, but removed from his [dead] mother, completing a plot twist.

The Irish Republican song "The Broad Black Brimmer" was about a boy whose father died before he was born.

The Charles Dickens character David Copperfield was a posthumous child, whose father had died six months before he was born.

On A Nightmare on Elm Street 5: The Dream Child, baby Jacob was born after his father Dan was killed by Freddy.

In The Hunger Games series, Gale Hawthorne's sister Posy is born shortly after their father dies in a mine explosion, and Finnick Odair's son is born months after his death in battle.

John Connor, a principal character in the Terminator franchise, and son of Sarah Connor and Kyle Reese (a time traveler from the future), was conceived shortly before his father was killed. As an adult, John was in fact responsible for selecting Reese (who was unaware of their relation) to go back in time.

The Noughts and Crosses series character Callie-Rose Hadley is born after the execution of her father, Callum McGregor.

In the British television soap opera Coronation Street, Liam Connor Jr was born in July 2009; his father, and namesake Liam Connor, was ordered murdered by Tony Gordon just a short time after Liam Jr's conception in October 2008.

Grey's Anatomy: Derek Shepherd died in a car accident in Season 11 9 months before the birth of his daughter.