Arkansas Supreme Accepts Decedent's Estates Question from Eastern District of Arkansas Regarding SSA Benefits for Posthumously-Conceived Child
The Arkansas Supreme Court agreed Thursday to decide the following question, which has fascinating legal and philosophical implications:
Does a child, who was created as an embryo through in vitro fertilization during his parent's marriage, but implanted into his mother's womb after the death of his father, inherit from the father under Arkansas intestacy law as a surviving child?
The case is Amy Finley on behalf of herself and W.F., a minor child, v. Michael J. Astrue, Commissioner, Social Security Administration, No. 07-627.
A clue that the answer may be "yes," is provided by Arkansas Code Annotated 28-9-209(C), which provides:
Any child conceived following artificial insemination of a married woman with the consent of her husband shall be treated as their child for all purposes of intestate succession. Consent of the husband is presumed unless the contrary is shown by clear and convincing evidence.
Last December, the Arkansas Worker's Compensation Commission found that W.F. was entitled to receive benefits under the worker's compensation statute as a dependent child of the father. The Commission cited Section 209(C), as well as decisions such as Gillett-Netting v. Barnhart, 371 F.3d 593 (2004).
