Frozen Embryos as Legal Heirs: Posthumous Conception in NY
- The Shi Law Group 熙承律师事务所
- 6 days ago
- 2 min read
In New York, posthumous conception is no longer science fiction—it is a complex legal reality. Whether a child conceived after a parent’s death can inherit millions depends heavily on proactive legal planning.
❓ Case Studies: Intent vs. Documentation
Case 1: Matter of Martin B. (2007) A wealthy patriarch’s trust was challenged when his deceased son’s widow used frozen sperm to conceive children via IVF. The NY court ruled in favor of the children, finding that the grantor’s intent to provide for "descendants" included those born through modern technology.
Case 2: Officer Liu Wenjian (2014) After the tragic on-duty death of Officer Liu, his daughter was born via posthumous conception. Because Officer Liu left no written consent, the child faced significant legal hurdles in claiming benefits and inheritance, eventually requiring legislative intervention.
✅ The 4 Legal Requirements in New York
To ensure a posthumously conceived child is a legal heir, NY law requires:
Written Consent: Signed during the parent's lifetime.
7-Month Notice: Filing the consent with the court/executor within 7 months of death.
24-Month Implantation: Implantation must occur within 24 months of death.
33-Month Birth: The child must be born within 33 months of death.
Planning is the only way to ensure that biological legacy translates into legal protection.
📞 Contact Us
The Shi Law Group, PLLC focuses on family wealth transfer, estate planning, trusts, wills, prenuptial agreements, and cross-border asset planning. We provide professional, attentive, and compassionate legal services to Chinese families in New York and New Jersey. If you have questions about marriage, divorce, or cohabitation planning, please contact us for consultation.
📧 Email: info@mshilaw.com
📞 Phone: +1 (917) 720-6943
🏢 Address: 500 Old Country Rd, Suite 302, Garden City, NY 11530
To schedule a consultation, contact us by phone, email, or book through our website. We will arrange for an experienced attorney to speak with you.
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