Document Type

Article

Publication Title

Verdict

Publication Date

5-29-2012

Abstract

Are children legally related to their biological father when they were conceived after his death? This is a question that has been considered by many federal courts and, now, by the U.S. Supreme Court, in Astrue v. Capato. The Court’s answer? It depends, largely on state inheritance law. This ruling resolves a federal circuit split on the proper interpretation of the Social Security Act, and restores the focus on state law that is typical of federal laws that turn on family status.

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