The idea of recognising parentage and inheritance rights for children born after the death of one of their genetic parents has been part of the common law for centuries. However, these provisions have only applied to children en ventre sa mère. In other words, parentage and inheritance rights are bestowed upon those children who are in utero at the time of a parent’s death, provided they are subsequently born alive.

Advancements in reproductive technology mean that storage of reproductive materials and conception by assisted reproduction are achievable. Further, it is possible for assisted reproduction to occur after the death of one of the genetic donors. In other words, children may be conceived after the death of one of their genetic parents by using the deceased parent’s stored reproductive material. Given this prospect, it is appropriate to consider the legal status of such “after-born” children.