Article On Posthumously Conceived Child’s Inheritance Rights

Heather LaCount (Suffolk University School of Law) recently published an article entitled, Dead money: a posthumously conceived child’s inheritance rights under the Social Security Act & state intestacy law, 20 Suffolk J. Trial & App. Advoc. 219-252 (2015). Provided below is an an excerpt from the article:

Jack was diagnosed with an aggressive form of Leukemia. Doctors advised Jack to undergo chemotherapy immediately but indicated he was at a high risk of becoming infertile. Knowing they wanted to have children together someday, Jack and Jill had Jack’s sperm frozen and stored in a sperm bank.

Despite aggressive treatment, Jack’s prognosis was poor and it was obvious death was impending. The only solace Jack had in his final days was his belief Jill would use his frozen sperm to conceive a child after he died with assisted reproductive technology. Eventually, Jack died at the tender age of twenty six.

Eighteen months after Jack’s death, Jill gave birth to twin girls conceived using Jack’s frozen sperm. Genetically, the twin girls are Jack’s children. Are the twins entitled to receive benefits through Jack from the Social Security Administration? Are the twins entitled to inherit from Jack under intestate succession?