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Legal issues surrounding posthumously conceived children often arise in the context of the Social Security Act, which looks to state law to determine who qualifies for benefits through a deceased parent. Because states have failed to respond promptly to the possibility of posthumous conception, reliance on state law does not adequately protect the rights of this special class of children. This Note argues that Congress must create a uniform standard of Social Security eligibility for posthumously conceived children, and proposes that such children should receive benefits only if (1) before death, the deceased father agreed in writing to be responsible for and support a child conceived with his frozen sperm, and (2) the child is conceived within four years of the father’s death.


File nameDate UploadedVisibilityFile size
7 Sep 2022
605 kB



  • Subject
    • Administrative Law

    • Domestic Law

    • Health Law and Policy

    • Science and Technology Law

  • Journal title
    • Boston College Law Review

  • Volume
    • 54

  • Issue
    • 2

  • Pagination
    • 821

  • Date submitted

    7 September 2022