This Syracuse Science and Technology Law Reporter article by Linda Choe examines the inheritance and property rights of posthumously conceived children in the United States and the United Kingdom. The article explains that advances in assisted reproductive technology have outpaced the law, creating uncertainty over whether children conceived after a parent’s death should inherit from that parent. It reviews major American cases, including Woodward v. Commissioner of Social Security and Gillett-Netting v. Barnhart, and compares the inconsistent patchwork of state laws in the United States with the more structured approach used in the United Kingdom under the Human Fertilisation and Embryology Act. The article ultimately recommends that the United States adopt a more uniform framework similar to the United Kingdom’s system.

The article highlights the growing tension between modern reproductive technology and traditional inheritance law. It argues that without clearer national standards, courts will continue to struggle with questions involving consent, parentage, timing, and inheritance rights for posthumously conceived children.