Nature of the Case
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Facts
Karen and Robert Capato married in 1999. Robert died of cancer less than three years later. Before undergoing chemotherapy, Robert deposited his semen in a sperm bank, where it was frozen and stored. Despite Robert's aggressive treatment regime, Karen conceived naturally and gave birth to a son in August 2001. The Capatos, however, wanted their son to have a sibling. Robert deteriorated quickly and died in Florida. He named as beneficiaries the son born of his marriage to Karen and two children from a previous marriage. The will made no provision for children conceived after Robert's death, although the Capatos had told their lawyer they wanted future offspring to be placed on a par with existing children. With the help of in vitro fertilization, Karen gave birth to twins 18 months after her husband's death. Karen applied for social security survivor benefits relying on the definition of children. D only allows biological children benefits if they qualify for inheritance from the decedent under state intestacy laws. It was affirmed in district court. Under Florida state law, a child born posthumously may inherit through intestate succession only if conceived during the decedent's lifetime. The Court of Appeals reversed concluding that under the statute, “the undisputed biological children of a deceased wage earner and his widow” qualify for survivor’s benefits without regard to state intestacy law. The Supreme Court granted certiorari.
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