Skip to main content
Article thumbnail
Location of Repository

Social Security Survivor Benefits: Why Congress Must Create a Uniform Standard of Eligibility for Posthumously Conceived Children

By Alycia Kennedy


Legal issues surrounding posthumously conceived children often arise in the context of the Social Security Act, which looks to state law to determine who qualifies for benefits through a deceased parent. Because states have failed to respond promptly to the possibility of posthumous conception, reliance on state law does not adequately protect the rights of this special class of children. This Note argues that Congress must create a uniform standard of Social Security eligibility for posthumously conceived children, and proposes that such children should receive benefits only if (1) before death, the deceased father agreed in writing to be responsible for and support a child conceived with his frozen sperm, and (2) the child is conceived within four years of the father’s death

Topics: Administrative Law, Family Law, Health Law and Policy, Science and Technology Law
Publisher: Digital Commons @ Boston College Law School
Year: 2013
OAI identifier:
Download PDF:
Sorry, we are unable to provide the full text but you may find it at the following location(s):
  • http://lawdigitalcommons.bc.ed... (external link)
  • http://lawdigitalcommons.bc.ed... (external link)
  • Suggested articles

    To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request.