死後胞胎에 의하여 출생한 子의 상속권에 관한 연구

A Study on the Inheritance Rights of Posthumously Conceived Children

The most common reasons to seek a paternity declaration are to protect legal rights to custody, support, or visitation. But none of these reasons apply to posthumously conceived children. So there are two reasons that posthumously conceived children for wanting a paternity declaration; one is the need for a public acknowledgment of his(her) parent, the other is the desire to establish inheritance rights. By dealing with these two concerns in one statute, there are very little room for a posthumously conceived children to establish paternity even in cases where no inheritance right exists. So it could be possible to allow any interested party to bring a paternity action for a posthumously conceived child at any time, even if no inheritance claim can be brought. For example, if certain conditions are met, the decedent is considered to be a parent of the resulting posthumously conceived child. Instead, the statute could specify that the decedent is the parent, but the child is not permitted to inherit in intestacy. The key is to separate the paternity declaration from the right to make a claim against the estate.