Third Circuit aligns itself with Ninth Circuit in defining posthumously conceived twins as “children” for purposes of surviving child's Social Security benefits: Capato v. Comm'r (1-4-11)

The Third Circuit recently aligned itself with the Ninth Circuit in deciding that for the purposes of surviving child's insurance benefits under 42 USCS § 402(d) of the Social Security Act, a posthumously conceived child (i.e. donor eggs, artificial insemination, surrogate wombs) is a "child"...

Fourth Circuit Splits from Ninth and Third Circuits in Refusing to Award Social Security Surviving Child Benefits to Posthumously Conceived Child

Last week, the Fourth Circuit refused to define a posthumously conceived child, whose parentage was undisputed, as a "child" for the sake of surviving child benefits. Instead, the court looked to state intestacy laws to determine benefits entitlement. Don Schafer, a Virginia resident, deposited...