Michigan's high court to decide if child born after father's death should get Social Security benefits

Mich. Supreme Court to hear case of SSA benefits for child conceived from frozen sperm

Published On: Nov 14 2012 12:23:05 PM EST   Updated On: Nov 14 2012 03:18:58 PM EST
Court room gavel
LANSING, Mich. -

Michigan's high court is considering an issue that has yet to be seen in the state, until now.

Starting Wednesday, the court will hear oral arguments on whether a baby conceived using the frozen sperm of a deceased father has the right to collect Social Security benefits.

The child was born via in-vitro fertilization from the sperm of a Michigan woman's dead husband.

The woman applied for survivor benefits for the child from the Social Security Administration (SSA).

SSA denied the mother's claim saying the baby was born after the father had died and therefore the baby did not "survive" the husband.

The SSA sited state code for Estates and Protected Individuals in their decision to deny the application.

The battle has made its way to the Michigan Supreme Court and the issue is the first of its kind to be debated in the state