A Tradition Of Caring And Compassionate Representation For Staten Islanders

Attorneys Of Corash & Hollender, P.C.

Do children conceived after the death of a parent have inheritance rights?

On Behalf of | Oct 24, 2021 | Estate Planning, Wills and Trusts | 0 comments

Reproductive technology has come a long way. The things doctors are able to do are simply amazing. One of those things is to take genetic material from parents and create children outside of the body. This opens the door for some tricky situations after one of those parents dies.

The New York State Senate explains the law has stipulations for estate rights for a child who one parent conceives using the biological material of the deceased parent. There are restrictions for this type of situation.


The surviving parent must be able to prove he or she had the written consent of the deceased parent to reproduce using his or her genetic material. Specifically, it must say the person has the right to conceive after his or her death.


The parent will also need written permission from the deceased parent to make decisions about the use of his or her reproductive genetic material.


The deceased person must have a written directive that says he or she would be the legal parent of any child born through the use of his or her genetic material after his or her death.

Other restrictions

The notices and permissions must have the signature of at least two witnesses who are age 18 or older. In addition, the conception of the child must take place no more than 24 months after the death of the parent.

If the situation includes all the legally required statements and follows all the rules, then a baby conceived after the death of a parent would retain the same rights as any other child under estate law.