Living in a Science Fiction Novel: Inheritance Rights for Posthumously Conceived Children

When I read articles, like this Seattle Times piece, I can’t help but think I’m a minor character trapped in a science fiction novel.

Victoria Chappell wants her daughter Sayana Chappell-Lombard to receive benefits from the Social Security Administration since her father died of brain cancer in 1994. The problem is that Sayana was born in May 1996, thanks to the wonders of in vitro fertilization.

According to the article, most states are moving to recognize inheritance rights to estates for children in Sayana’s situation, though the article doesn’t mention how such laws deal with the possibly long time frames. How do you divided up an estate when you have hundreds of potential heirs frozen at a sperm bank?

The Social Security Administration also generally recognizes inheritance rights for married couples, but Sayana’s case is trickier because her parents were never married and the SSA has yet to decide about her case.

Source:

Benefits in limbo for in-vitro child of deceased dad. Nancy Bartley, Seattle Times, June 3, 2002.

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