Family
Jun. 8, 2012
Posthumous children and Social Security
The Supreme Court recently decided that benefits to posthumously conceived offspring are dependent upon the vagaries of state law. By Ellen Waldman of Thomas Jefferson School of Law
Once again, advances in reproductive technology force us to re-examine concepts we thought we understood.
A few weeks ago, in Astrue v. Capato, the U.S. Supreme Court denied social security benefits to one couple's posthumously conceived offspring, holding that payment was dependent upon the vagaries of state law." While critics of the decision contend that the ruling represents yet another example of atavistic bias on ...
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