Is a Child Conceived Years After the Death of the Father Entitled to Benefits?

polifrog



National Partnership :

The Supreme Court on Monday heard oral arguments in a case that will decide whether children conceived through in vitro fertilization after a parent's death can receive Social Security benefits, NPR's "All Things Considered" reports (Totenberg, "All Things Considered," NPR, 3/19).

The Social Security Administration since 1939 has provided a benefit to the families of deceased wage earners. However, it is unclear whether benefits should be provided to children who were not yet conceived when the wage earner died (Women's Health Policy Report, 11/17/11).

They will not deny the benefits. It is for the children.

What of sperm donors and all their progeny?  I suspect there will be a rush to cash in on Dr. Jones.

But what of the impacts of this decision  on a slightly a different scenario?

Let's say a married couple amicably divorce dividing the totality of their assets equally.   Years later the woman visits the sperm bank where her half of her sperm from the previous marriage is housed and through the miracle of IVF eventually gives birth to the child of a man she has not seen in many years.  Can she sue and win child support from her previous husband, a man who has not seen  her for years?

I suspect the answer would be yes, as it would be genetically impossible for him to deny fatherhood and it would be for the children.  I suppose this could become another revenue stream for unscrupulous women.




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