U.S. Sup. Ct.
11-159
Eighteen months after her husband, Robert Capato, died of cancer, respondent Karen Capato gave birth to twins conceived through in vitro fertilization using her husbands frozen sperm. Karen applied for Social Security survivors benefits for the twins. The Social Security Administration (SSA) denied her application, and the District Court affirmed. In accord with the SSAs construction of the Social Security Act (Act), the court determined that the twins would qualify for benefits only if, as 42 U. S. C. §416(h)(2)(A) specifies, they could inherit from the deceased wage earner under state intestacy law. The court then found that Robert was domiciled in Florida at his death, and that under Florida law, posthumously conceived children do not qualify for inheritance through intestate succession. The Third Circuit reversed. It concluded that, under §416(e), which defines child to mean, inter alia, the child or legally adopted child of an [insured] individual, the undisputed biological children of an insured and hiss widow qualify for survivors benefits without regard to state intestacy law.
