Posthumous birth

A posthumous birth is a birth of a child after the death of a parent. A person born in these circumstances is called a posthumous child or a posthumously born person. Most instances of posthumous birth involve the birth of a child after the death of its father, but the term is also applied to infants delivered after the death of the mother, usually by caesarean section.

Posthumous birth has special implications in law, potentially affecting the child's citizenship and legal rights, inheritance, and order of succession. Legal systems generally include special provisions regarding inheritance by posthumous children and the legal status of such children. For example, Massachusetts law states that a posthumous child is treated as having been living at the death of the parent, meaning that the child receives the same share of the parent's estate as if the child had been born before the parent's death. Another emerging legal issue in the United States is the control of genetic material after the death of the donor.United States law holds that posthumous children of U.S. citizens who are born outside the United States have the same rights to citizenship that they would have had if the deceased U.S. citizen parent had been alive at the time of their birth.

A posthumous birth has special significance in the case of hereditary monarchies following primogeniture. In this system, a monarch's own child precedes that monarch's sibling in the order of succession. In cases where the widow of a childless king is pregnant at the time of his death, the next-in-line is not permitted to assume the throne, but must yield place to the unborn child, or ascends and reigns until the child is born. In monarchies that follow male-preference cognatic primogeniture, the situation is similar where the dead monarch was not childless but left a daughter as the next-in-line, as well as a pregnant widow. A posthumous brother would supplant that daughter in the succession, whereas a posthumous sister, being younger, would not. Similarly, in monarchies that follow agnatic primogeniture, the sex of the unborn child determines the succession; a posthumous male child would himself succeed, whereas the next-in-line would succeed upon the birth of a posthumous female child.

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