Browse Arkansas Code titles and sections
28-9-221. Child conceived after death of parent.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-9-221. Child conceived after death of parent.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-9-221
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-9-221
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3aabe6e1188409f2976f4ee559131d1e38a89f412ec3a74b4dd70b71fe1e4944
Source location: content.xml paragraph 1368
Stored source content
28-9-221. Child conceived after death of parent.
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Old-age insurance benefits** Every individual who—
(1) is a fully insured individual (as defined in [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim)),
(2) has attained age 62, and
(3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title),
shall be entitled to an old-age insurance benefit for each month, beginning with—
(A) in the case of an individual who has attained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or
(B) in the case of an individual who has attained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)),
and ending with the month preceding the month in which he dies. Except as provided in subsection (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as defined in [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/a&num=0&edition=prelim)) for such month.
**(b) Wife’s insurance benefits**
(1) The wife (as defined in [section 416(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/b&num=0&edition=prelim)) and every divorced wife (as defined in [section 416(d) of this title](https://uscode.house.gov/
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 402
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 402. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1817
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 402
‘‘(3) As used in this subsection, the term ‘Trust
Funds’ has the meaning given it in section 201(g)(1)(A)
of the Social Security Act [42 U.S.C. 401(g)(1)(A)].’’
ADVANCES
FROM
TRUST
FUNDS
FOR
ADMINISTRATIVE
PURPOSES; FISCAL YEAR TRANSITION PERIOD OF JULY
1, 1976, THROUGH SEPTEMBER 30, 1976, DEEMED FIS-
CAL YEAR
Fiscal year transition period of July 1, 1976, through
Sept. 30, 1976, deemed fiscal year for purposes of section
305(b) of Pub. L. 92–603, set out as a note above, relating
to advances from trust funds for administrative pur-
poses, see section 201(11) of Pub. L. 94–274, title II, Apr.
21, 1976, 90 Stat. 390, set out as a note under section 343
of Title 7, Agriculture.
GIFTS AND BEQUESTS FOR THE USE OF THE UNITED
STATES AND FOR EXCLUSIVELY PUBLIC PURPOSES
Pub. L. 92–603, title I, § 132(g), Oct. 30, 1972, 86 Stat.
1361, provided that: ‘‘For the purpose of Federal in-
come, estate, and gift taxes, any gift or bequest to the
Federal Old-Age and Survivors Insurance Trust Fund,
the Federal Disability Insurance Trust Fund, the Fed-
eral Hospital Insurance Trust Fund, or the Federal
Supplementary Medical Insurance Trust Fund, or to
the Department of Health, Education, and Welfare [now
Health and Human Services], or any part or officer
thereof, for the benefit of any of such Funds or any ac-
tivity financed through any of such Funds, which is ac-
cepted by the Managing Trustee of such Trust Funds
under the authority of section 201(i) of the Social Secu-
rity Act [42 U.S.C. 401(i)], shall be considered as a gift
or bequest to or for the use of the United States and as
made for exclusively public purposes.’’
TAXES ON SERVICES RENDERED BY EMPLOYEES OF
INTERNATIONAL ORGANIZATIONS PRIOR TO JAN. 1,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 402
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 402. This identifies an authority to review, not proof of applicability.