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1.20 Children of the Employee Born after the Death of the Employee


Subsection 4(6) of the SRCA says:

4(6) For the purposes of this Act, other than Subsection 17(5), a child of a deceased employee who was born alive after the employee's death shall be treated as if he or she had been born immediately before the employee's death and was wholly dependent upon the employee at the date of the employee's death.

Where the posthumous child is also the child of the employee's bereaved partner, nothing as offensive as proof of paternity should be required. The relationship is to be held to prove paternity. However a birth certificate will still be required in the same way as it would be, for a child already living at the time of the death. That this certificate shows a live birth within nine months of the employee's death is all that is required.

However this provision needs to be read together with the following interpretations: