Two eras clash on Monday at the U.S. Supreme Court, when a law written in 1939 is applied to in vitro fertilization. At issue is whether children conceived through in vitro fertilization after the death of a parent are eligible for Social Security survivors benefits.
At least 100 such cases are pending before the Social Security Administration.
This test case was brought by a mother whose twins were denied benefits because they were conceived after their father died. Karen and Robert Capato were married for only a few months before Robert was diagnosed with esophageal cancer in 2000. Fearing that his chemotherapy treatment might leave him sterile, Robert deposited sperm at a fertility clinic before his treatment began.