Posthumous child is:
(B) Child delivered after death of biological father[?]POSTHUMOUS CHILD: A child born after the death of its fatheroMother being conceived by the said father.oLegal issues involved includes:1. Legitimacy, 2. Inheritance of property, 3. Compensation case for slander against the mother.[?]LEGITIMACY & PATERNITYoLegitimacy: It is the legal state of a person born in lawful marriage.oAccording to section S.112, I.E.A, if at all a person is born during the continuance of a legal marriage, or within 280 days after the dissolution of the marriage by divorce or death of the husband, his birth is presumed to be legitimate.oIllegitimate or Bastard Child: if it can be proved that the husband could not possibly be the father of child by producing evidence that the alleged father.oQuestion of legitimacy arises in the following conditions:1. Inheritance: Remember! A legitimate child only can inherit the property of his father & DNA fingerprinting will positively fix or exclude paternity.2. Supposititious or Fictitious Children: Whenever a woman may1. Pretend pregnancy & delivery & later produce a living child as her own2. She may substitute a male child for female child born of her3. For an abortion-These things are done for obtaining money or for the purpose of claiming property.-Other legal issues involved are blackmailing a man or bringing a charge of breech of promise of marriage against a man. In such cases, the woman should be examined for signs of pregnancy and delivery.-In these cases, medical evidence is useful only when the age of the supposititious child does not correspond to the date of the pretended delivery.-DNA fingerprinting will be conclusive.3. Paternity: Remember, that the question of paternity arises in contests (i) Over legitimacy, (ii) Posthumous births, or (iii) Supposititious children.-Paternity is determined from:-Parental likeness: Child may resemble father (in feature, figure, gesture & other personal peculiarities) - Regarded as corroborative evidence only.-Atavism: Child does not resemble its parents, but resembles grandparents. (Due to inheritance of characteristics & due to genes)-Developmental Defects: Like disease or deformities (transmitted from parents to children).-Blood Group Tests or Paternity Tests: Because, blood groups are transmitted from the parents to children-DNA fingerprintingImportant Terminology to be Remembered!oMantle Child: A child born out of wedlock and later legitimated when the parents get married, traditionally by standing under a cloak with the parents during the marriage ceremony.oNatural child: A child by birth as distinguished from an adopted child.oNeglected child: A child whose parents or legal custodians are unfit to care for him or her because of cruelty, immorality or incapacity.-Capacity in this context could be physical or economic.oLegal Problems Artificial Insemination:-No statutory law in India for artificial insemination.-Remember! Artificial insemination with the semen of the husband is justifiable and unobjectionable.-The following are the legal aspects of A.I.D. as applicable to India.1. Adultery: Donor and recipient cannot be held guilty of adultery in India, as S. 497, I.PC.2. Legitimacy: Husband is not the actual father of the child which is illegitimate & cannot inherit property3. Nullity of Marriage & Divorce: Mere Artificial insemination is not ground for nullity of marriage or divorce.4. Natural Birth: Artificial inseminated child remains illegitimate unless A.I. child is adopted, when there is a natural born child (remains legitimate)5. Unmarried Woman or Widow: May have a child from A.I. but that child would be illegitimate.6. Incest: Risk of incest between children born by A.I and children of donor (It is not an offence in India).oSurrogate Motherhood: Legal problems of Surrogate motherhood are similar to those of Artificial insemination donor.