In light of the recent Supreme Court of the United States case of Astrue v. Capato, which involved a similar issue, this Note will address the lack of uniformity and guidance among the respective appellate courts regarding the issue. Specifically, the emerging circuit split concerning posthumously conceived children and their rights to Social Security benefits based on the earning records of their deceased, genetic fathers will be examined. In order to do so, the facts and holding of Beeler are first discussed, followed by an explanation of Assisted Reproductive Technology. Next, the Social Security Act, along with relevant provisions and case law, will be explored. Lastly, this Note will analyze Beeler and its ramifications in Missouri, as well as its impact upon public policy. This Note ultimately concludes that the creation of a uniform federal standard, or at the very least state-specific statutes, for the children at issue are long overdue.
And Baby Makes Two: Posthumously Conceived Children and the Eighth Circuit's Denial of Survivors Benefits ,
77 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol77/iss3/11