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Sarah Yang

Supreme Court Rules Against Benefits For IVF Babies Conceived After Their Dads’ Death

PUBLISHED ON 05/25/2012

Babies born through fertility treatments after their fathers died might not be able to get benefits from the Social Security Administration. The Supreme Court unanimously ruled on Monday that each state has the power to determine whether the child can receive benefits or not. According to TIME, the ruling came from the case of Astrue v. Capato where a set of twins conceived through frozen sperm after the death of their father. The court decided that the children could not get Social Security survivor benefits based on the laws of their home state, Florida.

The twins were born 18 months after their father, Robert Capato, died from cancer. Karen Capato, Robert’s wife, used the sperm he froze before his cancer treatments to get pregnant. When Karen tried to get benefits in Florida, she was denied because the law only allowed children who were named in the will to get benefits and inherit property.

What do you think of this ruling? Do you think all children should get social security benefits either way?

PHOTO: Getty Images