A child born after the death of one or both parents. Traditionally referred to children conceived before death but born afterwards. With modern reproductive technology, can include children conceived and born well after a parent's death. Posthumous children have inheritance rights under intestacy laws and may have rights to claim under a parent's will even if not specifically mentioned.
A baby born after one of their parents has died. Traditionally meant a child conceived before death but born afterwards (like a baby born 3 months after their father died). With IVF and frozen embryos, children can now be born years after a parent's death. These children have the same inheritance rights as children born during the parent's lifetime, though timing can create complications if the estate is already being administered.
⏱ When you'll encounter this term
- Pregnant widow applying for letters of administration
- Dealing with embryos or frozen sperm after death
- Distributing estates where a child is born after the will was made
- Intestacy cases where a child is born after death
- Family provision claims by posthumous children
"When Dad died in a car accident, Mum was two months pregnant with my little brother. Because he's a posthumous child, he has the same inheritance rights as me and my sister, even though he wasn't born until after Dad died and couldn't be mentioned in Dad's will."
💡 Did you know?
With modern reproductive technology, posthumous children can be born years or even decades after a parent's death using frozen embryos or sperm. Different jurisdictions have different rules about whether these children have inheritance rights, especially if conceived after death. Some require the deceased to have consented in writing to posthumous reproduction and inheritance.