In Gillett‑Netting v. Barnhart, 371 F.3d 593 (9th Cir. 2004), the Court of Appeals held that children who were conceived by in vitro fertilization after the insured husband’s death were Achildren@ within definition of Social Security Act, and thus potentially entitled to child’s insurance benefits, where the children’s parentage was undisputed. The Supreme Court abrogated this opinion, and held that children of deceased insured wage earner and his spouse, who were conceived through in vitro fertilization after wage earner’s death, were not entitled to surviving child’s insurance benefits under the Social Security Act, where they did not qualify for inheritance from wage earner under Florida’s intestacy law or satisfy any of the statutory alternatives to that requirement.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com