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When Is a Child a 'Child of'' a Deceased Parent?

By Janice G. Inman

Because of the many new technologies being developed and the medical advances they have facilitated in the past several decades, science is continually outpacing the law, even in family matters. Questions concerning who may be categorized as a “parent,” or who is a certain person's “child” must often be answered in the courts, and those answers can have far-reaching consequences beyond the emotional.

In March, the U.S. Supreme Court heard arguments in one such case, Astrue v. Capato. It concerns Social Security survivor benefits for children born years after their biological father's death, and pits a modern medical “miracle” against the strictures of the law as promulgated decades ago.

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