A Piece of You and I: Posthumous Conception and Its Implications on Texas Estates Law

Abstract

This Comment will discuss whether children conceived posthumously are considered beneficiaries of a deceased parent’s estate under the current Texas Estates Code. Part II provides a background of assisted reproductive technology, cryopreservation, and posthumous conception. Additionally, several cases are analyzed, including the Supreme Court case, Astrue v. Capato, regarding posthumously conceived children and if they are considered beneficiaries under the Social Security Act. Furthermore, this Comment examines the rules Texas follows today and identify sources that Texas can look to for guidance regarding posthumous conception. Lastly, Part III proposes an amendment to Texas Estates Code Section 201.056 addressing why such change is imperative and why the amendment must be adopted.