Posthumous conception case


Posthumous conception examines the liberty and equality that newreproductive technologies have brought to the world. It observesthat prospective parents can have children after the death of onespouse through invitro-fertilization or embryo harvesting, and ovum,sperm freezing methods (Washington post, 2015). While this moveincreases the parents in the new reproductive technologies, it raisesmany ethical questions. Questions on the rights of the children bornafter the death of one parent are major issues of debate for example.The law focuses on the relationship between the child and the parentrather than the provider and dependent relationship rendered byposthumous unequally along multiple dimensions asserts Knouse (2014).Such children have only one provider and parent who may not be ableto offer the best care in these economic times requiring them to seeksocial and legal support for social security survivorship benefits.

One of the most controversial cases regarding posthumous conceptionhas been the Capato’s case. The case of twins successfullyconceived after Robert Capato’s death evoked many questions on theethical and legal implications of posthumous in the Supreme Court(Washington post, 2015). The law provides surviving children of thedeceased at the time of his/ her death benefits for the wage earner,but the twins are not recognized as surviving children as they werenot legal dependents of the father at the time of his death arguesSupreme Court (2011). The Capato’s case would have had a differentoutcome if the court had focused on the beneficiary conditionsprovided by the social security administration rather thandetermining whether the twins were Robert Capato’s children or not(the point blog, 2014). Technology can be used to create lifeposthumously in special cases where a parent dies tragically and thesurviving spouse wishes to have a child. However, they should beaware of the fact that, there are no specific laws on the legalrights of children born through posthumous conception.


Knouse, J. (2014).&nbspLiberty,Equality, and Parentage in the Era of Posthumous Conception,27 J.L. &amp Health 9 (2014)&nbspavailable at&nbsp

Supreme Court (2011). Rulingon Capato Case, from

The point blog (2015). Awhole mess of ethical issues,from You tube

The Washington post (2015). KarenCapato Case, from 03-19/politics/35450022_1_karen-capato-robert-capato-survivor-benefitsUS&nbsp