Child after Death

[Jynkxxie]

Originally posted by bustytatas
As long as she doesn't remarry - retains his last name - then the child would have his last name.

Why couldn't she remarry after his death?

[sparrow803]

She could. I was just saying that if she did though, might have a problem with whoever thinking the kid belongs to the new guy.

[Jynkxxie]

Oh I see, well unless the new guy adopts the child, then I think the child retains his fathers name.

[Orleander]

But isn't this setting a bad precedent. What if Anna Nicole Smith had done this to her husband? She would have had his child, who would have been a legal heir and therefore entitled to part of his fortune.

If this woman harvested her dead husband's sperm, can she then have 4 children by him? I mean, what's to stop her at having 1?

I understand her broken heart and wanting to have a 'piece of him', and to have the family they planned. BUT, I think it goes down a path that shouldn't be traveled.

[Jynkxxie]

I think you are looking at this the wrong way. Unless children who are not even born yet (or named) are spelled out in someone's will annonimously (sp), then what inheritance is any unborn child from this gonna get? What is the difference between a woman using her vegitative (?) husbands sperm, as opposed to her going to a sperm bank? If they were married and had planned children then at least the children would be legitament as long as he was living.

[Orleander]

You can ALWAYS contest a will.

The difference between using a veg hubby's sperm vs a donor is that the donor KNOWS he is a donor. An organ donor's family gives up their organs to others so that thay have a shot at a life. Can the family now give up a person's sperm so that others have a shot at a child?? An organ donors family doesn't keep organs in cold storage so that they can use them at a later date, but they can harvest sperm to use at a later date?

And what does legitamacy have to do with it? Does that mean its ok if they are married 6 mths but not ok if they have been together (but unmarried) for 10 yrs??

[Jynkxxie]

Like I said a lot of this has to do with what is discussed before vegitation (sp) or death. If this women did not have his written consent then yeah I would wonder too. So did the woman have consent or what? Legitament can be used a lot of different ways. Basically it just means legal. However, some faiths do not believe that children out of wedlock are legitament. Sorry, but not everyone believes in the social norms of today.