July 7, 2022

Court will hear IVF benefits

The US Supreme Court will hear a case about whether children conceived through IVF after the death of a parent are eligible for Social Security survivor benefits.

The US Supreme Court will hear a case about whether children conceived through IVF after the death of a parent are eligible for Social Security survivor benefits. The case will help to untangle the complications that sometimes arise after IVF treatment. In this case a woman is seeking benefits for her twins conceived through artificial insemination after her husband’s death.

The Social Security Administration has received over 100 applications for survivor benefits by posthumously conceived children, and that the number has rapidly increased in recent years. The woman involved, Karen Capato, sued in federal court in New Jersey after her application for Social Security benefits for her twins was denied. Her husband, Robert Capato deposited sperm at a fertility clinic in 1999 after he was diagnosed with oesophagal cancer. He died in 2002 and his wife underwent IVF, giving birth to twins in 2003.

The Social Security Administration argues that eligibility for benefits is partly dependent on whether the applicable state law would allow a posthumously conceived child to inherit property without a will. In New Jersey, state law prevents posthumously conceived children from inheriting property unless they are specified in a will. The twins were not included in Robert Capato’s will. The Supreme Court will hear arguments on the case in early 2012, with a ruling due in June. ~ Reuters, Nov 15

Court will hear IVF benefits
Jared Yee
IVF
law
US