Not the one you expect. I’m talking about Social Security Administration v. Capato. From the syllabus:
Eighteen months after her husband, Robert Capato, died of cancer, respondent Karen Capato gave birth to twins conceived through in vitro fertilization using her husband’s frozen sperm. Karen applied for Social Security survivors benefits for the twins. The Social Security Administration (SSA) denied her application, …
Facing a statute that didn’t anticipate modern assisted reproductive technology, the Court unanimously agreed that the twins are not Robert Capato’s “children of the marriage” eligible for Social Security benefits because they were conceived after his death. Not clear how the Court would have ruled if the IV conception had occurred before his death, but the implantation was posthumous.
Perfect case for law school discussions.
@koutterson
