Twins Conceived Through IVF After Father’s Death Will Not Receive Benefits

Twins Conceived Through IVF

Karen Capato’s twins were born 18 months after the death of her husband, through IVF using his frozen sperm.  Karen Capato applied for Social Security Survivor Benefits for the twins.  The District Court of New Jersey ruled that the twins would not qualify for benefits, saying “they had to qualify as Capato’s children before his death or qualify under state inheritance law as children who could legally inherit.”  In Florida, where Capato was a resident, the law states children conceived posthumously must be named in a will in order to receive inheritance.  But on appeal the Third Circuit ruled differently, due to the clear biological connection between Capato and the twins. The case was made even more complex due to the fact that Karen Capato argued the twins were citizens of NJ, not FL, where the inheritance laws differ.  Today the Supreme Court came to a final decision, ruling that the twins will not receive Social Security Survivor Benefits.

 

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