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The Supreme Court on Monday ruled that a man's children who were conceived through artificial insemination after his death cannot get Social Security survivor benefits.
Children who were conceived through artificial insemination after their father's death cannot get Social Security survivor benefits, the Supreme Court ruled Monday.
Should babies conceived using the frozen sperm of their deceased father get his Social Security survivor benefits? The Supreme Court grappled with that question Monday in the case of Florida twins whose benefits claim was rejected by the government. Their mother used her husband's frozen sperm to conceive them after his death.
A New Jersey woman can seek Social Security benefits for twins conceived in vitro after her husband's death, but she must first prove they were dependents when he died, a U.S. appeals court ruled.
But "the law Congress enacted calls for resolution of Karen Capato's application for child's insurance benefits by reference to state intestacy law," she said. "We cannot replace that reference by creating a uniform federal rule that statute's text scarcely supports."
Mrs. Capato unsuccessfully argued that her children should have been considered citizens of New Jersey, which has different inheritance laws from Florida.
Supreme Court: Twins conceived after dad died cannot get benefits →
