Court precedent may be set in-vitro fertilization case

by Staff | February 8th, 2012

When a child is conceived after his father’s death, should his mother have a legal right to Social Security benefits? One Utah woman who gave birth to a baby boy through in-vitro fertilization two years after her husband died believes that she should.

She says that her husband paid into the Social Security system, and their child has the right to his survivor benefits, according to Fox 13 Now.

Three years after the couple married, the young husband was diagnosed with cancer. Because chemotherapy would make him sterile, he had his sperm frozen.

“He said if I do die, I want you to have the baby,” and she did have his baby. Two years after his death.

She’s fighting for the $500/month her son would receive until he turns 18 and the possibility of back pay. But she says that this isn’t about money.

“I’m fighting pretty much for my son to be recognized as his father’s heir, his father’s son.”

The case was heard by the Utah Supreme Court Tuesday morning, but it will take months for the justices to reach a decision. Even if she loses, the U.S. Supreme Court hears a similar case in March.

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If you or someone you know needs help getting the benefits you are owed, the Social Security Disability lawyers at Fleschner, Stark, Tanoos & Newlin are here to help.

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