Daughters Conceived by Dead Man’s Sperm File Unexpected Entitlement Claim

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First two thoughts after reading this headline: Twins conceived after dad died won’t get benefits (Court: Twins conceived after dad’s death using frozen sperm shouldn’t get survivor benefits) were:

    1. Why would you get Social Security survivor benefits for twins conceived through artificial insemination if they were born 18 months after their father died of esophageal cancer? Why would that ever even be considered?
    2.  How did Karen Capato, wife of the deceased Robert Capato, have the money to pay for the in vitro procedure then, but needs survivor benefit money now? Sounds like bad finical planning if you ask me.

The Associated Press Washington reported that the Supreme Court did indeed deny their request.

“Florida law expressly bars children conceived posthumously from inheritance, unless they are named in a will. The only beneficiaries named in Capato’s will are his wife, their son and his two children from a previous marriage.”

Times like this though do make one wonder, how many children are conceived posthumously?! It’s one thing if the father to be dies during the pregnancy, but pressing forward significant amounts of time after their partner’s demise? Well I guess this is one key attribute of why sperm is frozen. Still, I’d be curious to the annual statistics on this. If there is not already, I’d bet money on a support group popping up children of exactly this situation.




Writer and curator of interesting12, Maggie is a DC based writer with a heart for nonprofits, a passion for complicated people, and lover of all things well designed and well said. This former longtime LA resident is a firm believer we should be challenging ourselves to discuss what affect us in this world and how. She’s opinionated, a teller of both sides of the story, and some say she’s clever.