A posthumous child is a child born after the death of one or both parents — most commonly after the death of the father.
Key aspects of the definition:
Biological/General meaning
A child conceived before a parent's death but born after that parent has died. The most common scenario is a child born after the father dies, since the father's death can occur during the mother's pregnancy. Less commonly, it can refer to a child born via assisted reproduction using preserved gametes after a parent's death.
Legal meaning
In law, a posthumous child is generally recognized as having the same inheritance and succession rights as children born during the parent's lifetime, provided:
- The child was conceived before the parent's death, and
- The child is born alive within a recognized gestation period after the death (typically 280 days / ~9–10 months in many jurisdictions, though this varies)
Many legal systems (e.g., common law countries) have specific statutes protecting the rights of posthumous children to inherit from the deceased parent's estate.
Medical/Obstetric context
The term is sometimes used more broadly in medicine to describe any child delivered after a parent's death, including via postmortem cesarean section (cesarean performed on a recently deceased pregnant woman).
Etymology
From Latin postumus ("last, born after the father's death") — the "h" was added by medieval scholars who mistakenly linked it to humus (earth/burial), suggesting "after burial."
Summary
| Feature | Detail |
|---|
| Core meaning | Child born after a parent's (usually father's) death |
| Legal significance | Entitled to inheritance rights in most jurisdictions |
| Conception requirement | Must be conceived before the parent's death |
| Medical usage | Also refers to postmortem delivery |