Posthumous Conception refers to the use of an embryo to conceive a child after the death of one or both of the child’s genetic parents. In New York, if the genetic parent signs a record consenting to be a parent, if assisted reproduction were to occur after their death, the decedent will be recognized as the child’s legal parent provided the “record” complies with the New York Trust and Estates law. In the absence of a clear record of the person’s wishes, in the event of their death, the clinic and/or a court, may not allow the use of the embryo after the death. The execution of such a record will also likely determine whether the child is considered the deceased parent’s heir for the purpose of obtaining social security survivor benefits. Anyone forming embryos is well advised to think about whether they wish to consent to the use of their embryos, in the event of their untimely death. If you do, you’ll want to sign a very simple form, found in the New York Trust and Estates Law, to ensure your posthumously conceived child is fully protected.
