“After-conceived” child – Child? or Not?

“We, nonetheless, cannot help but observe that this is, indeed, a new world”. Judge Barry, writing for the U.S. Court of Appeals for the Third Circuit, got it right.

Here is the story: Robert and Karen Capato were married in New Jersey in 1999 and like most couples imagined a happily ever after filled with kids and a pretty home. Soon after, Mr. Capato was diagnosed with esophageal cancer. The couple, fearing that the chemo and cancer treatments would affect his ability to have kids, decided that they would freeze Mr. Capato’s sperm so that in vitro would always be an option. In 2001, despite what Mr. Capato was going through, he and his wife conceived naturally and had a son. They wanted more kids, but never had the chance to have any more together because in 2002, Mr. Capato sadly lost his battle against cancer. After her husbands death, Karen Capato put the frozen sperm to use and gave birth to twin boys in 2003.… <Read More>