Under NY law, a child conceived after a parent's death may be a distributee if which of the following conditions are met?

• A. The child is conceived within 9 months of death without any consent
• B. The parent must leave a written instrument consenting to use of genetic material within 7 years of death, and the child must be conceived no later than 24 months after death (or 33 months in certain cases)
• C. The child must be conceived before death
• D. The child inherits automatically if no other heirs

Answer: (B)

Posthumous conception and distributee status under NY law hinge on two requirements: the decedent must have a valid plan to use genetic material after death, and the resulting child must be conceived within a specific time frame. Specifically, the decedent must leave a written instrument consenting to the use of stored genetic material within seven years of death, and the child must be conceived no later than 24 months after death (with a possible extension to 33 months in certain cases). These conditions tie the decedent’s consent and a feasible posthumous conception window to the child’s eligibility to be treated as an heir. Without the required written consent and within the defined conception window, the child would not qualify as a distributee. Conversely, conception before death or inheritance purely by default, without meeting these statutory conditions, would not grant distributee status.