Appellate Court Affirms Limits to Benefit Claims for In Vitro Children
In vitro fertilization using a deceased father as the donor doesn't make the children born later eligible for Social Security benefits, the U.S. Court of Appeals for the Second Circuit affirmed Thursday.
August 24, 2017 at 06:01 PM
9 minute read
In vitro fertilization using a deceased father as the donor doesn't make the children born later eligible for Social Security benefits, the U.S. Court of Appeals for the Second Circuit affirmed Thursday.
The panel of Judges John Walker Jr., Debra Ann Livingston, and Gerard Lynch in MacNeil v. Berryhill, 16-2189-cv, said U.S. District Judge Gary Sharpe of the Northern District of New York got it right when he agreed with an administrative law judge that New York State law precluded children born to a deceased parent—after that parent's death—from qualifying for Social Security Administration benefits.
The panel acknowledged the unfortunate underlying circumstances in the case. The appellant, Sharon MacNeil, lost her husband of two years, Eric, to cancer. Before his death, Eric banked his sperm. Eleven years after his death, Sharon MacNeil underwent in vitro fertilization using her long-deceased husband's donation, conceiving and birthing twins in 2008.
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