What disposition would a court likely make regarding a posthumously conceived child’s status as an heir in some jurisdictions?

• A. Posthumously conceived children are always heirs.
• B. Posthumously conceived children may be heirs only if the predeceased parent consented in writing to posthumous conception.
• C. Posthumously conceived children may be heirs only if the surviving spouse consents.
• D. Posthumously conceived children cannot be heirs under any circumstance.

Answer: (B)

The key idea is that inheritance rights for a child conceived after the death of a parent depend on the decedent’s consent. In many jurisdictions, a posthumously conceived child may be treated as an heir only if the predeceased parent gave written consent to posthumous conception. That written consent signals the decedent’s intent about future heirs and lets the court recognize the child for estate purposes. Without this consent, the child often cannot be treated as an heir, regardless of later wishes or family agreements. The other statements—claiming automatic heir status, requiring the surviving spouse’s consent, or asserting there can be no heirs at all—don’t reflect this consent-based rule that exists in some legal systems.