Justices Weigh IVF Technology Against 1939 Law : NPR: The case before the court began in 2001 when Robert Capato was diagnosed with esophageal cancer. Before beginning treatments, he deposited sperm at a fertility clinic, and after he died, his wife, Karen, carried out the couple's plan to conceive using Robert's sperm. In 2003, she gave birth to twins and filed for survivors benefits for the children based on her late husband's Social Security taxes. But the Social Security Administration denied the claim, contending that because the twins could not inherit under Florida state law, where the couple lived, the children were ineligible for survivors benefits. A federal appeals court in Philadelphia disagreed, saying the 1939 Social Security Act confers benefits on all biological offspring of a married couple.
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