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Not without My Father: The Legal Status of the Posthumously Conceived Child

By: Scharman, Christopher A. | Vanderbilt Law Review, April 2002 | Article details

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Not without My Father: The Legal Status of the Posthumously Conceived Child


Scharman, Christopher A., Vanderbilt Law Review


I. INTRODUCTION

Twins Amanda and Elyse were born to William and Mariantonia Kolacy of New Jersey on November 3, 1996.1 At this ordinarily joyous occasion, only Mariantonia was able to welcome the two girls into the world; their father, William, had passed away some eighteen months before their birth-nearly a year before the girls were conceived.2

When William and Mariantonia were a young married couple, doctors diagnosed William with leukemia and advised him to begin chemotherapy immediately.3 Fearing the treatment or the disease would render him sterile, William preserved some of his sperm for later use.4 Regrettably, William did not survive the disease and died on …

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