Children conceived in vitro from her late husband's sperm are
not automatically entitled to survivors benefits, justices
agree. The court also rules in an immigration case.
http://www.latimes.com/news/nationworld/nation/la-na-court-
invitro-20120522,0,5257987.story
WASHINGTON — A widow who conceived a baby from the sperm of her
late husband is not automatically entitled to Social Security
survivors benefits to help raise the child, the Supreme Court
ruled Monday.
The 9-0 decision rejected the claim that a biological child of a
married couple, even one born years after the father died,
always qualifies as his survivor under the Social Security Act.
Instead, the justices upheld the government's multi-part
definition of who deserves survivors benefits. One requirement
is that a "natural child" is one who is entitled to inherit the
father's property under state law.
"Tragic circumstances gave rise to this case," said Justice Ruth
Bader Ginsburg, noting that Robert Capato died of cancer in
Florida in 2002 before he and his wife, Karen, could have the
family they envisioned. He deposited sperm in a sperm bank after
he got sick.
About 18 months after his death, his widow gave birth to twins
who were conceived through in vitro fertilization. She sought
survivors benefits for the two children, contending that since
they were the children of a married father, they should receive
benefits he had earned.
The Social Security Administration said it was sympathetic but
rejected her claim. It pointed to regulations that define a
"natural child" as one who could inherit the father's property
under state law. Under Florida law, "children conceived after a
parent's death" are not entitled to inherit his property,
Ginsburg said. The children were not named in his will.
Ginsburg said the court was obliged to follow the law as
Congress wrote it. Her opinion in Astrue vs. Capato said the
result might well be different in other states. In California,
"posthumously conceived children" can inherit property "if the
child is in utero within two years of a parent's death," she
said. The laws in Colorado, Iowa, Louisiana and North Dakota
have similar provisions, she said.