Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Sunday, September 1, 2013

Article on Posthumously Conceived Children

BabyNicole M. Barnard (MarylandLaw Review) has recently published an article entitled, Astrue v. Capato: Relegating Posthumously Conceived Children to Second - Class Citizens (2013). Provided below is the introduction to the article:

In Astrue v. Capato, the Supreme Court of the United States examined the status of posthumously conceived children under the survivor insurance benefits provision of the Social Security Act ("the Act"). The Court upheld the Social Security Administration’s ("SSA") interpretation of the provisions of the Act that allow state intestacy law to determine whether a posthumously conceived child qualifies as a "child" under the Act and, therefore, is eligible to receive federal survivor benefits. The Court reasoned that such an interpretation was consistent with the statute's textual meaning and purpose, passed inspection under the rational basis test, and was entitled to judicial deference.



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