Children Conceived Through In Vitro to Receive Dead Father’s Benefits? U.S. Supreme Court to Decide.

In vitro fertilization

A recent  Bloomberg News article found that approximately one-hundred applications have been filed requesting benefits for children that were conceived after the death of their fathers. According to the Obama Administration, this number is expected to rise quickly. How might a child be conceived after the death of their father?  Through in vitro fertilization.  In vitro fertilization is a process by which the egg cells are fertilized by sperm outside of a woman’s body.

 One particular application involving in vitro fertilization is the case, Atrue v. Capato.  The case involves children that were conceived after the death of their father, Robert Capato, and their mother, Karen Capato, now wants to obtain the father’s benefits on their behalf.  Due to the rise in frequency of such applications being filed and the inevitable issues being raised, the U.S. Supreme Court granted certiorari.

In January, the Third Circuit Court of Appeals ruled that the twins fall under the definition of “child” in the 1935 Social Security Act, however, the government argues that the children are not permitted to receive the benefits because it was determined that their father was a Florida state resident.  Thus,  under Florida state law the children would not be entitled to inherit from their father. 

 With today’s modern family involving more children born through in vitro fertilization, how will the court decide?  What do you think?