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Unmarried father may enforce paternity agreement (access required)

Published: January 23, 2013

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The unmarried father of a child conceived through in vitro fertilization could seek to enforce an agreement with the mother acknowledging his paternity, the Virginia Supreme Court has ruled in affirming judgment.

After-born twins can’t get survivors’ benefits (access required)

Published: January 2, 2013

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Twins who were conceived by in vitro fertilization after their father’s death are not “heirs” who qualify for Social Security survivors’ benefits, the Michigan Supreme Court has ruled in answering a certified question from a U.S. District Court.

Supreme Court rules: State law trumps biology (access required)

By: Kimberly Atkins
Published: May 30, 2012

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WASHINGTON – As the use of assisted reproductive technologies continues to increase, a recent U.S. Supreme Court ruling has family and estate planning attorneys warning their clients of unforeseen consequences from decades-old federal and state laws governing children’s benefits.

Posthumously conceived kids not entitled to benefits (access required)

Published: May 21, 2012

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The Social Security Administration reasonably interpreted federal law in determining that only children supported by a deceased wage earner in his or her lifetime are entitled to Social Security benefits, the U.S. Supreme Court has ruled.

Genetic mother entitled to declaration of maternity (access required)

Published: May 9, 2012

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State courts had the authority to declare the maternity of a woman whose genetic child was conceived through in vitro fertilization and carried and delivered by a gestational carrier, Maine’s highest court has ruled in reversing judgment.

Frozen embryos belong to wife following divorce (access required)

Published: April 13, 2012

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A wife whose cancer treatment prevented her from having children was entitled to embryos produced through in vitro fertilization before her husband filed for divorce, a Pennsylvania appellate court has ruled in affirming judgment.

Do posthumously conceived twins have benefit rights? (access required)

By: Kimberly Atkins
Published: March 19, 2012

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WASHINGTON – At oral arguments Monday, the justices of the U.S. Supreme Court seemed disinclined to grant Social Security survivor benefits to twin babies born via artificial insemination more than a year after their father died.

Husband must pay for twins from in vitro fertilization (access required)

Published: March 19, 2012

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A husband who consented to the artificial insemination of his wife using donor sperm and eggs cannot avoid paying child support for twins born as a result of the procedure, the Massachusetts Court of Appeals has ruled in affirming judgment.

Posthumously conceived child can’t get benefits (access required)

Published: April 19, 2011

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A child conceived through in vitro fertilization six years after her father’s death is not entitled to survivors’ benefits under the Social Security Act, the 4th Circuit has ruled in affirming judgment.

Posthumous child not entitled to Social Security (access required)

By: Correy Stephenson
Published: June 18, 2009

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A child posthumously conceived four years after her father’s death and without his consent is not entitled to Social Security survivor benefits, the 9th Circuit has ruled.

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