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Family Law News: The Supreme Court hears arguments over federal benefits to a child conceived by IVF after the death of the government worker

Last week, the Supreme Court heard arguments over whether or not a child born after a parent's death should be considered a child for the purposes of government benefits. In this case, the father worked for the government. When he developed cancer, he began to deposit his sperm into a sperm bank . However, his condition improved and the mother and father conceived a son naturally.

His cancer returned, and eventually killed the father. Prior to his death, he executed an addendum to his will that stated that any children born after his death from his sperm should be considered his children for all purposes, including division of property.

The mother underwent in vitro fertilization and 18 months after the father's death, she gave birth to twins. She then applied for Social Security survivor benefits for the twins, and was denied.

A decision is expected prior to June. The case is styled Astrue v. Capato.

For more information, see the following CNN article: http://www.cnn.com/2012/03/19/us/scotus-posthumous-conception/

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