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Symposium: The Legal And Ethical Implications Of Posthumous Reproduction, Trent Stechschulte
Symposium: The Legal And Ethical Implications Of Posthumous Reproduction, Trent Stechschulte
Journal of Law and Health
On March 22, 2013, the Journal of Law and Health of Cleveland-Marshall College of Law hosted a symposium entitled the “Legal and Ethical Implications of Posthumous Reproduction” in response to the United States Supreme Court case Astrue v Capato. In Astrue, Karen Capato used Robert Capato’s sperm to successfully conceive twins by in vitro fertilization eighteen months after Robert Capato’s death. Karen then applied for Social Security Survivorship Benefits on behalf of the twins, but to her dismay the Social Security Administration denied her application, prompting litigation on the twins’ behalf. The Supreme Court held that the posthumously conceived children …
Liberty, Equality, And Parentage In The Era Of Posthumous Conception, Jessica Knouse
Liberty, Equality, And Parentage In The Era Of Posthumous Conception, Jessica Knouse
Journal of Law and Health
This essay uses Astrue v. Capato as a platform to examine how liberty and equality interact within parent-child relationships. It observes that as prospective parents have experienced an increase in liberty due to new reproductive technologies the children they create have not necessarily experienced a commensurate increase in equality. The law’s myopic focus on parent-child relationships rather than provider-dependent relationships renders posthumously conceived children unequal along multiple dimensions. They may have not only one provider, but also only one parent. This essay argues that shifting the law’s focus away from identifying parents and towards identifying providers would mitigate the status …