Discuss the difference with a child that was conceived using frozen sperm in which the donor was deceased prior to conception, and those children who are conceived while the spouse is still alive, but dies shortly after the conception.

Question

What will be an ideal response?

Answer 1

Often one factor which the court considers in determining what benefits the minor child can receive is whether or not the decedent knew or consented to the use of the frozen sperm to conceive the child. A surviving spouse may conceive a child many years after their spouse has passed away. Some courts have ruled that since the child was never under the care of the decedent and never supported by the decedent, that the child is not entitled to survivor benefits. A state may consider a marriage as ended at the time of death of one of the spouses, and there for a child may not be eligible for benefits. In New Jersey it was found that posthumously conceived children were the heirs of the decedent father, because it could negatively impact the children from receiving inheritance from other relatives. Case in which the child was conceived while both parents were alive, tend to have better opportunities to receive benefits. As recently as 2012 the U.S. Supreme Court ruled that undisputed biological children of a deceased wage earner and his widow are qualified for Social Security survivor benefits.