This Note will discuss the problems with the Supreme Court of the United States’ decision, the inconsistencies that exist in state intestacy law, and the solutions that are necessary to remedy these challenges. Part II gives a brief background of the facts and circumstances surrounding Astrue. Part III discusses the history of the Social Security Administration and in vitro fertilization and points out the conflicting results from various jurisdictions that have death with this issue. Part IV delves into the Supreme Court's reasoning behind its decision in Astrue. Finally, Part V comments on the reasons Astrue was poorly decided, the difficulties that will result from the decision, and the methods to resolve these complications.
Andrew T. Peebles,
Challenges and Inconsistencies Facing the Posthumously Conceived Child,
79 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol79/iss2/8