In – Vitro Fertilization Survivors Appeal for Survivor Benefits Claim
Nov 17
Survivor Benefits Claim No Comments
Eventually, the Washington Supreme Court has agreed to resolve whether a child born through in vitro fertilization after a father’s death will be entitled to social security survivor benefits claim.
In vitro fertilization is a method by which egg cells are fertilized by sperm outside of the body. The method involves hormonally controlling the ovulation process, removing egg cells from the woman’s ovary and allowing sperm to fertilize them in a fluid medium. When eggs were fertilized, it will be formed as zygotes and will then be transferred to the women’s uterus for the purpose of establishing a successful pregnancy.
About a hundred claims related into such case are pending before the social security administration while authorities are trying to decide how the Depression – era should be interpreted in this period of modern reproductive technology.
It was in 1939 when the Social Security System has provided a benefit to the survivors, like spouse and children of a deceased wage earner. However, whether these benefits should be extended to children who were born in a modern reproductive way such as in – vitro fertilization is still unclear.
Way back those years, in vitro fertilization and other modern reproductive technology were yet to be discovered. And probably they have no any idea that such thing could be made possible during that time. Therefore, it was not specified on the social security system policy then.
In Karen Capatos case, her twins were born 18 months after her husband, Robert died. Robert is a wage earner. The married couple lived a happy life until Robert was diagnosed with esophageal cancer. Right after he learned about his illness, he deposited semen in a sperm bank. There is no doubt that he was the father of Karen’s twins.
However, the Social Security officials denied Capatos’ survivor benefit claims in behalf of her twins. The administration stated that under the Florida law, children who were not born at the time of a parent’s death will not be entitled to such claims as well as to his or her properties.
Capato brought her claim to the Supreme Court where she won her appeals. Juries said that unquestioned biological children of a deceased wage earner and his surviving spouse and children under the Social Security Act and so are entitled to the benefits.
The US 9th Circuit of Appeals in San Francisco had given a similar view hereof, while two Court of Appeals in the South had decided that children born through in vitro fertilization did not qualify for survivor benefits claim.
Current rules and policies of the administration are still very traditional. Obviously, the federal state laws currently need some clear modifications regarding this matter.
As a resolution, the Social Security Commissioner Michael Astrue prayed to the higher court to decide on the issue. The court granted his prayer and set a hearing on March and final verdict will be laid down by the end of June.
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