The Supreme Court said on Monday it would decide whether children conceived through in vitro fertilization after the death of their parent were entitled to survivor benefits under the Social Security law.
The justices agreed to hear an appeal by the Obama administration of a ruling by a U.S. appeals court for a woman who seeks benefits for her twins conceived by artificial insemination after her husband’s death.
At issue in the dispute are new reproductive technologies and the requirements to qualify for child survivor benefits under the Social Security Act.
In its appeal, administration lawyers said the Social Security Administration has received more than 100 applications for survivor benefits by posthumously conceived children, and the rate of such applications has increased significantly in recent years.
WTF does that have to do with whether these are real people with the same rights as other citizens?
The case involved Karen Capato, who had sued in federal court in New Jersey after her request for Social Security benefits for her twins had been denied…
The Social Security Administration has taken the position that eligibility for benefits depends partly on whether the applicable state law would allow a posthumously conceived child to inherit property in the absence of a will.
Leave it 18th Century ideology to pander to state laws which haven’t made it into the 21st Century, yet.
In the Capato case, the state law at issue bars children conceived posthumously from inheritance unless they are named in a will. Capato’s only beneficiaries named in his will were his wife, their son and two children from a previous marriage.
Capato’s attorneys opposed the government’s appeal and said the Philadelphia-based appeals court had correctly determined that a posthumously conceived child fell within the law’s definition of a child for the purpose of receiving Social Security survivor benefits.
So, these two children aren’t children according to New Jersey law. They don’t exist as legal entities. Will someone please take the legal buffoons supporting this sort of case law by the hand and ever-so-gently lead them into the real world. Please.
Better yet. Fire them from their bureaucratic ivory tower and force them to get an honest job.