Children Conceived from Dead Parents – Who Has Their Backs?
For the past few decades, technology has allowed children to be born from deceased parents. In vitro fertilization allows frozen sperm or eggs to lead to children hypothetically years after the donor parent's death. In fact, both parents could have died years before the birth! How does such technology cause the legal system to adapt? Very slowly it seems. The United States Supreme Court is currently considering whether children conceived by in vitro fertilization after the death of their biological father are entitled to collect Social Security survivor benefits. So far, the children are winning the fight. However, in its infinite wisdom, the United States continues to appeal. There are currently more than 100 applications for Social Security survivor benefits for children conceived post-humorously. The nation’s longest conflict still being fought is contributing to this calamity. Many deployed soldiers are banking their eggs or sperm so that others can continue the genetic family line. Hypothetically, even the parents of a deceased soldier could make arrangements for their dead child to continue to create genetic offspring years after the soldier’s death. The government's position that these children are not entitled to benefits does not keep up with current technology and relies upon archaic definitions created at a time when women and children were considered property. It's time for a change to these archaic laws. Perhaps the United States Supreme Court will have the final say on this issue.
For questions regarding parental rights, genetic testing, child support and other family law related questions, please contact Joseph Fields, Esq. at the LaBovick Law Group.
Brian F. LaBovick, Esq.
Esther Uria LaBovick, Esq.
Mark R. Hanson, Esq.
Marcie Dodson, J.D.