Should a Child Conceived Two Years After His Father’s Death Receive his dad’s Social Security?

05.23.2012, 2:38 PM

So, I happened upon this story because I have a Google Alert for “Death and Dying” (yes, I know that’s morbid).  What a mess. Your father is already dead when you are conceived…

“Gayle Burns gave birth to her child two years after her husband Michael’s death. She says it was her husband’s dying wish to have a son or daughter after he passed.

Burns’ pregnancy was done in vitro. However, after the birth of her son, she says her child was denied his father’s Social Security survivor benefits. The fought the ruling and the case went to the   the Utah Supreme Court.

Burns says there was no written statement from her husband confirming his intent, only a semen storage agreement.

“We never thought he was going to die so it never occurred to us to make that finality of having that in black and white,” said Burns.

Burns is concerned that a recent  U.S. Supreme Court ruling in a case similar to hers will hurt her chances.

“It would be sad … yes the money would help me, definitely, but it’s more of the whole of them almost saying Michael didn’t intend to or didn’t want this child and it hurts,” says Burns.”  Read more…


One Response to “Should a Child Conceived Two Years After His Father’s Death Receive his dad’s Social Security?”

  1. Mont D. Law says:

    To me a decision has to be made. Biology matters or it doesn’t. The fact that this is his biological child matters or it doesn’t. Intention doesn’t matter if the guy is alive so I’m not sure why it is important now that he’s dead.