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A posthumous birth is the birth of a child after the death of a parent.^[1] 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 shortly after the death of the mother, usually by caesarean section.^[2]

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,^[3] 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. Most states recognize a posthumous child born within a set time frame, normally 280 to 300 days after the death of the decedent father.^[4][5]

Another emerging legal issue in the United States is the control of genetic material after the death of the donor.^[6] 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.^[7] In the field of assisted reproduction, snowflake children, i.e. those "adopted" as frozen embryos by people unrelated to them, can result in the birth of a child after the death of one or both of their genetic parents.

A posthumous birth has special significance in the case of hereditary monarchies and hereditary noble titles following primogeniture. In this system, a monarch's or peer's own child precedes that monarch's or peer's sibling in the order of succession. In cases where the widow of a childless king or nobleman is pregnant at the time of his death, the next-in-line is not permitted to assume the throne or title,^{[citation needed]} but must yield place to the unborn child, or ascends and reigns (in the case of a monarch) or succeeds (in the case of a peer) until the child is born (see Alfonso XIII, Charles Edward, Duke of Saxe-Coburg-Gotha or John Pelham, 9th Earl of Chichester).^{[citation needed]}

In monarchies and noble titles that follow male-preference cognatic primogeniture, the situation is similar where the dead monarch or peer was not childless but left a daughter as the next-in-line, as well as a pregnant widow. A posthumous brother would supplant that daughter in the succession, whereas a posthumous sister, being younger, would not. Similarly, in monarchies and noble titles that follow agnatic primogeniture, the sex of the unborn child determines the succession; a posthumous male child would himself succeed, whereas the next-in-line would succeed upon the birth of a posthumous female child.

Posthumous conception by artificial insemination or in vitro fertilization, whether done using sperm or ova stored before a parent's death or sperm retrieved from a man's corpse, has created new legal issues.^[3] When a woman is inseminated with her deceased husband's sperm, laws that establish that a sperm donor is not the legal father of the child born as a result of artificial insemination have had the effect of excluding the deceased husband from fatherhood and making the child legally fatherless.^[8]

In the United Kingdom before 2000, birth records of children conceived using a dead man's sperm had to identify the infants as fatherless, but in 2000 the government announced that the law would be changed to allow the deceased father's name to be listed on the birth certificate.^[9] In 1986, a New South Wales legal reform commission recommended that the law should recognize the deceased husband as the father of a child born from post-mortem artificial insemination, provided that the woman is his widow and unmarried at the time of birth, but the child should have inheritance rights to the father's estate only if the father left a will that included specific provisions for the child.^[9]

In 2001, the Massachusetts Supreme Judicial Court was asked to consider whether the father's name should appear on the birth record for a child conceived through artificial insemination after her father's death, as well as whether that child was eligible for U.S. Social Security benefits. The court ruled in January 2002 that a child could be the legal heir of a dead parent if there was a genetic relationship and the deceased parent had both agreed to the posthumous conception and committed to support the child.^[3] Different U.S. state courts and federal appellate courts have ruled differently in similar cases. In 2012, the U.S. Supreme Court ruled in Astrue v. Capato that twins born 18 months after their father's death using the father's frozen sperm were not eligible for Social Security benefits, which set a new precedent.

In the Middle Ages, it was traditional for posthumous children born in England to be given a matronymic surname instead of a patronymic one. This may in part explain why matronyms are more common in England than in other parts of Europe.^[10]

In Ancient Rome, posthumous children of noble birth were often given the cognomen (or third name) 'Postumus'. One example is Agrippa Postumus.

In Yoruba culture, posthumous children are given names that refer to the circumstances concerning the birth. Examples of this include Bàbárímisá, meaning that the Father saw (the child) and ran; Yeyérínsá, meaning that the mother saw (the child) and ran; Ikúdáyísí (or any name with the root dáyísí), which means that death spared the child; and Ẹnúyàmí, meaning that "I was surprised", referring to the fact that the tragic death of the father, mother, or both was sudden and surprising for the family.

Name	Born	Late parent	Parent died	Gap	Cause of parent's death
Bindusara Mauryan Emperor	320 BCE	Durdhara Mauryan Empress	320 BCE	Same day	Poisoning. He was delivered through caesarean section.[11]
Alexander IV King of Macedon	August 323 BCE	Alexander the Great King of Macedon	11 June 323 BCE	2 months	Disease.
Cornelia Postuma	77 BCE	Lucius Cornelius Sulla Felix Roman dictator	78 BCE		Disease, possibly related to chronic alcoholic abuse.
Agrippa Postumus Grandson of Augustus Caesar	12 BCE	Marcus Vipsanius Agrippa Roman general and statesman	12 BCE	A few weeks	Disease.
Shapur II Sasanian Emperor	309 AD	Hormizd II Sasanian Emperor	309 AD	40 days	Assassination. Shapur is said to be the only monarch in history who was crowned in utero.
Flavia Maxima Constantia Roman Empress	1 January 362	Constantius II Roman Emperor	3 November 361	1 month, 29 days	Fever.

Name	Born	Late parent	Parent died	Gap	Cause of parent's death
Muhammad Prophet of Islam	570	Abdullah ibn Abdul-Muttalib Arab trader	569	<6 months	Disease while returning from a trade mission in Medina.
Umm Kulthum bint Abi Bakr Early Muslim scholar	634	Abu Bakr al-Siddiq Caliph	23 August 634	<3 months	On 23 August 634, Abu Bakr fell sick and did not recover. He developed a high fever and was confined to bed. His illness was prolonged, and when his condition worsened, he died in Medina.
Constantine Byzantine prince	1 January 798	Constantine VI Byzantine Emperor	19 April 797	8 months, 13 days	Died of wounds after being blinded by his mother, Irene, who proclaimed herself Empress.
Robert I King of France	15 August 866	Robert the Strong Count of Anjou	2 July 866	1 month, 13 days	Killed at the Battle of Brissarthe.
Charles the Simple King of France	17 September 879	Louis the Stammerer King of France	10 April 879	5 months, 7 days	Disease contracted during a campaign against the Vikings.
Al-Mustakfi Abbasid caliph[12][13]	11 November 908	al-Muktafi Abbasid caliph	13 August 908	3 months, 2 days	Unspecified illness.
Lothair III Holy Roman Emperor	1075	Gebhard of Supplinburg Saxon count	9 June 1075		Killed at the Battle of Langensalza.
Saint Drogo Flemish saint	14 March 1105				His mother died in childbirth, leaving him orphan from birth
Valdemar I King of Denmark	14 January 1131	Canute Lavard Duke of Schleswig	7 January 1131	7 days	Murdered by Magnus the Strong.
Raymond II of Turenne Viscount of Turenne	1143	Boson II of Turenne Viscount of Turenne	1143	4 months
Constance I Queen of Sicily	2 November 1154	Roger II King of Sicily and Africa	26 February 1154	8 months, 5 days
Baldwin V King of Jerusalem	August 1177	William of Montferrat Count of Jaffa and Ascalon	June 1177	2 months	Possibly malaria.
Arthur I Duke of Brittany	29 March 1187	Geoffrey II Duke of Brittany	19 August 1186	7 months, 10 days	Disputed. One source claims he was trampled to death in a joust, other that he died of a sudden chest affliction.
Maria of Montferrat Queen of Jerusalem	Summer 1192	Conrad of Montferrat King of Jerusalem	28 April 1192	A few months	Assassination.
Theobald I King of Navarre	30 May 1201	Theobald III Count of Champagne	24 May 1201	6 days
Raymond Nonnatus Catholic Saint	1204	His mother	1204	Same day	Childbirth. He was retrieved through caesarean section afterward.[2]
Walter IV Count of Brienne	1205	Walter III Count of Brienne	14 June 1205		Killed in battle.
Charles I King of Sicily	early 1227	Louis VIII King of France	8 November 1226	??	Dysentery.
Stephen the Posthumous Hungarian prince	1236	Andrew II King of Hungary and Croatia	21 September 1235	at least 2 months
Robert II Count of Artois	September 1250	Robert I Count of Artois	8 February 1250	7 months	Killed in battle.
Przemysł II King of Poland	14 October 1257	Przemysł I Duke of Greater Poland	4 June 1257	4 months, 10 days
Władysław of Legnica Duke of Legnica	6 June 1296	Henry V, Duke of Legnica Duke of Legnica	22 February 1296	4 months	Illness following imprisonment.
John I King of France and Navarre	15 November 1316	Louis X King of France and Navarre	5 June 1316	5 months, 10 days	Pneumonia or pleurisy from drinking excess cooled wine after a real tennis match.
Isabel de Verdun Baroness Ferrers de Groby	21 March 1317	Theobald de Verdun Justiciar of Ireland	27 July 1316	7 months, 22 days	Typhoid.
Maria of Calabria Latin Empress consort of Constantinople	6 May 1329	Charles Duke of Calabria	9 November 1328	5 months, 27 days
John, 3rd Earl of Kent	7 April 1330	Edmund of Woodstock English prince	19 March 1330	19 days	Executed for treason against his nephew, Edward III of England.
Joan of France	May 1351	Philip VI King of France and Navarre	22 August 1350	9 months
William of Bavaria-Munich	1435	William III Duke of Bavaria	12 September 1435	up to 3 months
Joan of Portugal Consort queen of Castile	31 March 1439	Edward, King of Portugal	9 September 1438	6 months, 22 days	Plague.
Ladislaus VI King of Hungary, Bohemia and Archduke of Austria	22 February 1440	Albert II King of Germany, Bohemia and Hungary	27 October 1439	3 months, 23 days
Henry VII King of England	28 January 1457	Edmund Tudor Earl of Richmond	1 or 3 November 1456	2 months, 25 days	Bubonic plague.
John Louis Count of Nassau-Saarbrücken	19 October 1472	John II Duke of Nassau-Saarbrücken	15 July 1472	3 months, 4 days
Mencía Pacheco[14] Castilian noblewoman	1474–1475	Juan Pacheco Marquis of Villena	1 October 1474		Throat ailment.
Clement VII Pope of the Catholic Church	26 May 1478	Giuliano de' Medici Ruler of the Florentine Republic	26 April 1478	1 month	Assassination in the Pazzi Conspiracy.

Zdroj:https://en.wikipedia.org?pojem=Posthumous_son
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Name	Born	Late parent	Parent died	Gap	Cause of parent's death
Catherine of Austria Consort queen of Portugal	14 January 1507	Philip I King of Castile and Duke of Burgundy	25 September 1506	3 months, 18 days	Typhoid or poison.
Alexander Stewart Duke of Ross	30 April 1514	James IV King of Scotland	9 September 1513	7 months, 21 days	Killed at the Battle of Flodden.
Wenceslaus III Adam Duke of Cieszyn	December 1524	Wenceslaus II Duke of Cieszyn	17 November 1524	1 month
Henry Berkeley Baron Berkeley	26 November 1534	Thomas Berkeley Baron Berkeley	19 September 1534	9 weeks, 4 days
Duarte Duke of Guimarães	March 1541	Duarte Duke of Guimarães	20 September 1540	7 months
Françoise d'Orléans-Longueville Wife of Louis I of Bourbon	5 April 1549	François d'Orléans French nobleman	25 October 1548	5 months, 8 days
Sebastian King of Portugal	20 January 1554	João Manuel Prince of Portugal	2 January 1554	18 days	Tuberculosis or diabetes.
Maria of Hanau-Münzenberg	20 January 1562	Philipp III Count of Hanau-Münzenberg	14 November 1561	2 months, 6 days
Ben Jonson Elizabethan playwright	c. 11 June 1572	His father	April 1572	1–2 months
Henry II Prince of Condé	1 September 1588	Henry I Prince of Condé	5 Mar 1588	5 months, 23 days	Disease.
Charles of Austria Bishop of Wroclaw	7 August 1590	Charles II Archduke of Austria	10 July 1590	28 days
Toyotomi Sadako Wife of Kugyō Kujō Yukiie	1592	Toyotomi Hidekatsu	14 October 1592		Killed in Korean Campaign.
Sveinn "Skotti" Björnsson Icelandic criminal	1596–1597	Björn Pétursson Only Icelandic serial killer	1596		Executed for murder.
Thomas Herbert Welsh seaman and author	15 May 1597	Richard Herbert Justice of the Peace and Member of Parliament	15 October 1596 (buried)	7 months
Friedrich Wilhelm II Duke of Saxe-Altenburg	12 February 1603	Friedrich Wilhelm I Duke of Saxe-Weimar	7 July 1602	7 months, 5 days
Joseph of Cupertino Catholic saint	17 June 1603	Felice Desa Apulian carpenter[15]
Abraham Cowley English poet	1618	His father
Elizabeth Gyllenhielm Swedish noblewoman	1622	Charles Philip Duke of Södermanland	25 January 1622		Disease during the 1622 siege of Narva.
François-Henri de Montmorency Duke of Luxembourg	8 January 1628	François de Montmorency-Bouteville Duke of Luxembourg	22 June 1627	6 months, 15 days	Executed for dueling.
Isaac Newton English scientist	4 January 1643	Isaac Newton, Sr. English farmer	October 1642	3 months
Gulielma Penn wife of William Penn, founder of Pennsylvania	February 1644	Sir William Springett English Parliamentarian army officer	3 February 1644	a few days	Fever following Siege of Arundel.
William III Stadholder of the Dutch Republic, King of England and Scotland	14 November 1650	William II Stadtholder of the Dutch Republic	6 November 1650	8 days	Smallpox.
Robert Molesworth Irish politician and writer	7 September 1656	Robert Molesworth, Sr.	3 September 1656	4 days
Adolphus Frederick II Duke of Mecklenburg-Strelitz	19 October 1658	Adolphus Frederick I Duke of Mecklenburg-Schwerin	27 February 1658	7 months, 21 days
Jonathan Swift Author of Gulliver's Travels	30 November 1667	Jonathan Swift, Sr. English lawyer in Ireland	c. April 1667	7 months	Syphilis.
William August Duke of Saxe-Eisenach	30 November 1668	Adolf William, Duke of Saxe-Eisenach Duke of Saxe-Eisenach	21 November 1668	9 days
Thomas Greenhill English surgeon	1669?	William Greenhill
Emmanuel Lebrecht Prince of Anhalt-Köthen	20 May 1671	Emmanuel Prince of Anhalt-Köthen	8 November 1670	6 months
Godscall Paleologue Last known member of the Paleologus dynasty	12 January 1694	Theodorious Paleologus Barbadian privateer	August-December 1693	Up to 5 months
Christine Marie Jacqueline Henriette FitzJames French nun	29 May 1703	Henry FitzJames Jacobite peer	16 December 1702	5 months, 13 days
Edward Ward, 9th Baron Dudley British peer	16 June 1704	Edward Ward, 8th Baron Dudley	28 March 1704	2 months, 15 days	Smallpox.
Frederick Christian Margrave of Brandenburg-Bayreuth	17 July 1708	Christian Henry Margrave of Brandenburg-Kulmbach	5 April 1708	3 months, 12 days
Georg Wilhelm Richmann Livonian physicist	22 July 1711	His father			Plague.
William IV Stadholder of the Dutch Republic	1 September 1711	John William Friso Prince of Orange	14 July 1711	1 month, 15 days	Drowning in a ferryboat accident.
Robert Petre, 8th Baron Petre British peer and horticulturist	3 June 1713	Robert Petre, 7th Baron Petre	22 March 1713	2 months, 7 days	Smallpox.
Edmund Pendleton American politician	9 September 1721	Henry Pendleton	1721	4 months
John Morton American politician	1725	John Morton, Sr.	1724