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Gecko
Carpal \'Tunnel

Reged: 06/01/04
Posts: 19807
Loc: Third rock from the sun

OT - Followup on Supreme Court Case

#785319 - 05/27/12 11:03 AM

It's not too often that we get to hear the results of a [national] court case that was extensively discussed here.

The case in question...whether children conceived through artificial insemination 18 months after their father's death could received Social Security Survivor benefits.

The father was a Florida resident when he died and Florida law expressly bared children conceived posthumously from inheritance, unless they are named in will. The only beneficiaries named in Capato's will were his wife, their son and his two children from a previous marriage.

The 3rd US Circuit Court of Appeals overturned, saying that the children were clearly the biological children and deserved the survivor benefits.

The Supreme Court has unanimously ruled that a man's children who were conceived through artificial insemination after his death cannot get Social Security benefits because of a requirement that the federal government use state inheritance laws.

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I always wondered why the case was heard by the 3rd Circuit Court when Florida is the 11th Circuit Court's jurisdiction. It would appear that Karen Capato was able to argue that her children should be considered citizens of New Jersey because even though they were conceived in Florida, they were born in New Jersey. To me, it smacks of venue shopping since New Jersey has more liberal inheritance laws.

With that said...I am glad to hear of the Court's ruling.

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