Posthumous Child Law and Legal Definition

A posthumous child is an infant who is born subsequent to the death of his/her father. In certain cases, a child born after the death of his/her mother is also known as a posthumous child. A posthumous child inherits as a heir if the child is born alive following a gestation period that shows that the child was conceived prior to the death of the father who died intestate.

An example regarding the rights of posthumous children set forth in New York is as follows:

“A future estate conditioned upon the death of a person without children, distributees, heirs or issue is defeated by the birth of a child conceived before but born alive after the death of such person”. [NY CLS EPTL § 6-5.7]