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"...
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...