(a) Notwithstanding the provisions of any law to the contrary, a child conceived after the death of a decedent who specifically authorized the decedent's surviving spouse, in a writing that is either notarized or witnessed by a licensed physician or a person acting under the supervision of a licensed physician, to use the decedent's gametes after the decedent's death shall be deemed the child of the decedent with the right to inherit from the decedent if the child is conceived within twelve (12) months following the death of the decedent and born within nineteen (19) months following the death of the decedent.
(b) This section is retroactive to December 1, 2009, solely for the purpose of establishing a posthumous child's entitlement to Social Security benefits under the federal Social Security Act, 42 U.S.C. § 402(d), deriving from the decedent.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 2 - Descent And Distribution
Chapter 9 - Intestate Succession
Subchapter 2 - Arkansas Inheritance Code of 1969
§ 28-9-203. Intestate succession generally
§ 28-9-204. Per capita distribution
§ 28-9-205. Per stirpes distribution
§ 28-9-206. Interests transmissible by inheritance
§ 28-9-207. Heirs as tenants in common
§ 28-9-208. Male not preferred over female
§ 28-9-209. Legitimacy of child — Effect
§ 28-9-212. Computing degrees of consanguinity
§ 28-9-213. Kinsmen of the half blood
§ 28-9-214. Tables of descents
§ 28-9-215. Devolution where no heir under § 28-9-214
§ 28-9-218. Doctrine of first purchaser abolished
§ 28-9-219. Distinction between ancestral estates and new acquisitions abolished
§ 28-9-220. Conveyance to heirs or next of kin — Doctrine of worthier title abolished