Dead Soldiers and Their Posthumously Conceived Children

Dead Soldiers and Their Posthumously Conceived Children, by Charles P. Kindregan, examines issues raised by the posthumous conception of children in the context of the military. The advances in reproductive science which have made it possible to cryopreserve human gametes have created the reality of using those gametes to conceive a child by in vitro fertilization after the death of its biological parent. The military in the United States makes legal services available to its members, especially before deployment of its members into combat or other international missions. Most members of the military are healthy young men and women in the prime of their fertile life, and the option for preserving that fertility through cryopreservation of their gametes is an obvious one to consider before being deployed. In anticipation of the possible death of a serviceperson (or his or her being rendered incompetent) the man or woman could execute legal documents stating who is entitled to use the gametes to produce a posthumously conceived child. There is some evidence that in fact that option is being exercised by members of the military. The author examines issues of consent for harvesting and use of gametes reflected in the Uniform Parentage Act, the Uniform Probate Code and the ABA Model Act Governing Assisted Reproductive Technology. The article also examines issues relating to the status of posthumously conceived children, as has been asked in a number of social security cases, and how those issues can be considered in regard to posthumous children of soldiers killed while on military duty.