Twins conceived in Florida from the frozen sperm of their father who
died 18 months before their birth are not entitled to survivors
benefits, the U.S. Supreme Court ruled Monday.
The twins’ mother, Karen Capato, became pregnant through in vitro fertilization
after the death of her husband, Robert Capato, from cancer in 2002. The
Social Security Administration rejected her claim for Social Security
survivors benefits, a decision upheld by the Supreme Court in a 9-0
vote.
“Tragic circumstances gave rise to this case,” Justice Ruth Bader Ginsburg wrote.
But the Social Security Act Congress passed in 1935, she wrote, calls
for resolution of Karen Capato’s application for child’s insurance
benefits to come under state law. “We cannot replace that reference by
creating a uniform federal rule the statute’s text scarcely supports.”
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DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
4 comments:
If you can't find a live person to father your kid you got problems.
Yet another that wants things that others should pay for. What scum!
Hey if she could afford frozen sperm and in vitro fertilization she shouldn't need survivors benefits. That is expensive and I'm sure nor covered by insurance.
For God's sake the woman wanted to have children by her husband who died of cancer. Some males who have cancer and do the rounds of treatment become sterile. I think this is actually a good instance of in vitro simply because she was able to have a kid with the man she loved. As far as receiving benefits, no I do not think she should be entitled to them. However, 3:40 and 5:40 sound like bitter, close minded individuals. I sure am thankful I am not as judgmental as you appear to be.
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