Deferring to the Dead: A Uniquely American Approach to Providing for Posthumously Conceived Children

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Date

2016-08-01

Authors

Shuler, Kayleigh S

Journal Title

Journal ISSN

Volume Title

Publisher

University of Oregon School of Law

Abstract

In this paper, I will conclude that the state legislatures should uniformly allow posthumously conceived children to inherit from their deceased parent which will, in turn, allow courts to extend Social Security and other benefits to these children. By comparing the purposes underlying U.S. inheritance law to the purposes underlying French inheritance law, I will demonstrate that uniform inheritance for these children is consistent with the U.S.’s approach throughout the intestacy system.

Description

22 pages

Keywords

Estate law, Reproductive technology

Citation

17 Or. Rev. Int'l. L. 341 (2016)