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More than 100 applications have been filed for survivor benefits for children conceived posthumously and it is likely that more will be filed as it becomes less expensive to store sperm and conceive at a later date. In this case, a woman’s husband died of cancer. The woman then conceived a child via in vitro fertilization by using her late husband’s frozen sperm. The question the Supreme Court is facing is whether or not the baby fits the definition of “child” in the Social Security Act and can therefore claim social security survivor benefits.
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