In Vitro Fertilization: Legal Issues Abound

September 14, 2012
Larry Smith
USLAW Magazine


In the article, “In Vitro Fertilization: Legal Issues Abound,” Larry examines the issues raised by the U.S. Supreme Court in the case of Astrue v. Capato. The case dealt with the issue of whether Social Security benefits were due to the twins of a woman who went through in vitro fertilization. The procedure took place 9 months after the woman’s husband died of cancer and the twins were born 18 months after his sperm was used in the procedure.

The decision raises issues about how benefits are determined under each state’s definition of “person." Also at issue is how the decision will affect abortion issues, workers’ compensation benefits, insurance benefits and benefits under employment agreements.

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