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.

Legal implications

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.