What Are The Inheritance Rights Of Children Conceived Posthumously?

Earlier this month the U.S. Supreme Court agreed to decide whether twins conceived through in vitro fertilization after the death of their biological father are entitled to collect Social Security survivor benefits. In its Petition for Certiorari the Social Security Administration reported receiving more than 100 applications for survivor benefits for children conceived posthumously.

In Astrue v. Capato the Supreme Court will tackle an issue of increasing relevance in today's technological world - an issue that first surfaced long after the enactment of the Social Security Act (the "Act"). The case involves twins conceived a year after their father's death from esophageal cancer. Following his diagnosis, Robert Capato, like many young cancer patients facing treatment that might render them infertile, chose to preserve his fertility by banking his sperm. A year after his death his wife used the frozen sperm to become pregnant. She...