High Court Denies Benefits to Parent of Child Born Through IVF

[WSJ Law Blog]

When a parent of a dependent child dies, the Social Security Administration typically pays "survivor benefits" to the other parent.

But consider a slight tweak to that scenario. Should SSA have to pay survivor benefits for a child conceived after a parent’s death, say, through the use of in vitro fertilization?

For years, courts have wrestled with the issue. Sometimes, the SSA has paid, sometimes it hasn’t. So far, the decision has largely depended on the laws in the state in which the deceased parent lived.

More...

[Lexus]

A "natural child" is one who is entitled to inherit the father's property under state law. A child who was conceived from the sperm of a father who had died is not automatically entitled to Social Security benefits as his survivor. The law of each state shall determine whether a child satisfies the definition of "child" under the federal Social Security Act. The court said the Social Security benefits are designed only for those who were dependents during the parent's lifetime. A man's children who were conceived through artificial insemination after his death cannot get Social Security survivor benefits.

[Friend In Court]

The subject case originated in Florida, so Florida law applied. In essence, a child conceived after the father has died is not considered a "natural" child under Florida law and is not entitled to inherit or other benefits that accrue to a natural child.