For posthumous inheritance, which condition is crucial?

• A. The decedent consented in writing to banking of his sperm
• B. The child is born within two years
• C. The decedent left a will referencing posthumous offspring
• D. The surviving spouse signs a waiver

Answer: (A)

Posthumous inheritance rests on the decedent’s explicit authorization to use his genetic material after death. The essential condition is a written consent to banking of his sperm, because this clear permission establishes that his genetic material may be stored and later used to conceive a child who can be treated as an heir. Without that consent, there isn’t a solid legal basis to recognize a posthumously conceived child for inheritance purposes, regardless of when the child is born, whether the will mentions posthumous offspring, or whether a surviving spouse waives rights. The written consent to banking the sperm is the crucial element that makes posthumous inheritance possible.