Posthumous child is:
(B) Child delivered after death of biological father[?]POSTHUMOUS CHILD: A child born after the death of its fatheroMother being conceived by the said father.oLegal issues involved includes:1. Legitimacy, 2. Inheritance of property, 3. Compensation case for slander against the mother.[?]LEGITIMACY & PATERNITYoLegitimacy: It is the legal state of a person born in lawful marriage.oAccording to section S.112, I.E.A, if at all a person is born during the continuance of a legal marriage, or within 280 days after the dissolution of the marriage by divorce or death of the husband, his birth is presumed to be legitimate.oIllegitimate or Bastard Child: if it can be proved that the husband could not possibly be the father of child by producing evidence that the alleged father.oQuestion of legitimacy arises in the following conditions:1. Inheritance: Remember! A legitimate child only can inherit the property of his father & DNA fingerprinting will positively fix or exclude paternity.2. Supposititious or Fictitious Children: Whenever a woman may1. Pretend pregnancy & delivery & later produce a living child as her own2. She may substitute a male child for female child born of her3. For an abortion-These things are done for obtaining money or for the purpose of claiming property.-Other legal issues involved are blackmailing a man or bringing a charge of breech of promise of marriage against a man. In such cases, the woman should be examined for signs of pregnancy and delivery.-In these cases, medical evidence is useful only when the age of the supposititious child does not correspond to the date of the pretended delivery.-DNA fingerprinting will be conclusive.3. Paternity: Remember, that the question of paternity arises in contests (i) Over legitimacy, (ii) Posthumous births, or (iii) Supposititious children.-Paternity is determined from:-Parental likeness: Child may resemble father (in feature, figure, gesture & other personal peculiarities) - Regarded as corroborative evidence only.-Atavism: Child does not resemble its parents, but resembles grandparents. (Due to inheritance of characteristics & due to genes)-Developmental Defects: Like disease or deformities (transmitted from parents to children).-Blood Group Tests or Paternity Tests: Because, blood groups are transmitted from the parents to children-DNA fingerprintingImportant Terminology to be Remembered!oMantle Child: A child born out of wedlock and later legitimated when the parents get married, traditionally by standing under a cloak with the parents during the marriage ceremony.oNatural child: A child by birth as distinguished from an adopted child.oNeglected child: A child whose parents or legal custodians are unfit to care for him or her because of cruelty, immorality or incapacity.-Capacity in this context could be physical or economic.oLegal Problems Artificial Insemination:-No statutory law in India for artificial insemination.-Remember! Artificial insemination with the semen of the husband is justifiable and unobjectionable.-The following are the legal aspects of A.I.D. as applicable to India.1. Adultery: Donor and recipient cannot be held guilty of adultery in India, as S. 497, I.PC.2. Legitimacy: Husband is not the actual father of the child which is illegitimate & cannot inherit property3. Nullity of Marriage & Divorce: Mere Artificial insemination is not ground for nullity of marriage or divorce.4. Natural Birth: Artificial inseminated child remains illegitimate unless A.I. child is adopted, when there is a natural born child (remains legitimate)5. Unmarried Woman or Widow: May have a child from A.I. but that child would be illegitimate.6. Incest: Risk of incest between children born by A.I and children of donor (It is not an offence in India).oSurrogate Motherhood: Legal problems of Surrogate motherhood are similar to those of Artificial insemination donor.
Child delivered after death of biological mother
Child delivered after death of biological father
Bom after death of parents
Has been abandoned by parents
Law & Medicine, Identification, Autopsy & Burn