In states that address posthumous conception, what condition is commonly required for posthumously conceived children to be treated as heirs?

• A. The decedent's will must mention posthumous offspring
• B. The surviving spouse must consent
• C. The child must be conceived before death
• D. The decedent consented in writing to banking of his sperm

Answer: (D)

Posthumous conception and inheritance often hinges on the decedent’s explicit authorization to use preserved genetic material after death. In many jurisdictions, to have a child conceived after death treated as an heir, the decedent must have provided written consent to banking, storage, or use of his sperm for posthumous reproduction. This written consent serves as clear evidence of the decedent’s intent for any offspring from such reproduction to be recognized as heirs, helping courts resolve questions about succession and prevent disputes over whether the child should be treated as a rightful heir. Without that written consent, proving the decedent’s intent is difficult, and the child may not be recognized as an heir under the law. Other options don’t provide the same reliable safeguard: mentioning posthumous offspring in a will isn’t a guaranteed basis for recognition without consent; surviving-spouse consent varies by jurisdiction and isn’t the standard mechanism; and requiring conception before death contradicts the very idea of posthumous conception.