On October 10, 2012, the Nebraska Supreme Court will hear arguments on the question of whether children conceived through artificial insemination after the death of a parent can get Social Security survivor benefits. The United States District Court for the District of Nebraska Nebraska has asked the state Supreme Court to determine whether Nebraska's laws allow inheritance by a child conceived posthumously and born within nine months of the father's death.
Earlier this year the U.S. Supreme Court held that a Florida man's children who were conceived through artificial insemination after his death cannot get Social Security survivor benefits because that state's inheritance laws expressly bar children conceived posthumously from receiving any inheritance.
The Nebraska Supreme Court case is: Melissa Amen, Individually and on behalf of her minor child, K.L.A. v. Michael J. Astrue, Commissioner of the Social Security Administration (Case No. S-11-1094)
The United States District Court case is: Melissa Amen, Individually and on behalf of her minor child, K.L.A. vs. Michael J. Astrue, Commissioner of the Social Security Administration (Case No. 4:10CV3216)
Neb. high court to weigh in on survivor's benefits - The Grand Island Independent : State:
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