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.
Joanna L. Grossman,
The Supreme Court on the Social Security Rights of Posthumously Conceived Children: State Law Controls Family Status VERDICT
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/948