Astrue v. Capato Argument Preview: Who is a Decedent's 'Child'?
Kristine S. Knaplund
Pepperdine University School of Law
SCOTUSblog, March 2012
Pepperdine University Legal Studies Research Paper 2012/14
In this SCOTUSblog posting, Professor Knaplund provides a preview of the oral arguments in the Supreme Court case of Astrue v. Capato. This case involves the determination of whether a "postmortem conception" child - that is, a child conceived and implanted after a parent's death - is the late parent's child for the purpose of awarding Social Security survivor's benefits. The key question in the case is whether an application for benefits who is the biological or undisputed child of a deceased wage earner must also establish that he is entitled to inherit in intestacy from the decedent under state law.
Number of Pages in PDF File: 3
Keywords: Social Security, benefit, survivor, postmortem conception, deceased, inherit, assisted reproduction, Supreme Court, ART, dependent, federalism, federal law, state law, reproduce, parent, childAccepted Paper Series
Date posted: March 31, 2012 ; Last revised: September 30, 2012
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