IVF and Frozen Embryos

Throughout the past few decades, technology in the field of human reproduction has continually been on the rise. Many parents are in fact opting to freeze gametes and embryos and use them in the future. Some common cases of freezing embryos have included, military families and the individuals faced with life-threatening diseases. Thus, if the individual is faced with infertility, the spouse may still have the option to create a child via InVitro Fertilization.

A recent case has been brought to the attention of the Supreme Court and will be heard this summer. Karen and Nick Capato were married in 1999. Shortly after, the newlyweds were faced with the devastating news that Nick had been diagnosed with esophageal cancer. After receiving the diagnosis, Karen and Nick decided to plan for their future and deposit Nick’s sperm at a nearby fertility clinic, in case Nick had lost his fertility.

Over the next few years, Nick and Karen were able to naturally conceive a biological child of their own. Sadly, in 2002, Nick lost his battle with cancer. While coping with the death was difficult for Karen, there was something that would bring happiness into her life again. Just eighteen months after the death of her husband, Karen gave birth to twins using the frozen sperm from her deceased husband.

Shortly after the twins were born, Karen applied for benefits through the Social Security Administration. However, the administration denied the request for the children’s survivor benefits after becoming aware of their conception date. She then appealed to the United States District Court of New Jersey, which cited laws to justify denial of the children’s claim on their father’s Social Security benefits because they were not referenced in Nick’s will.

Although the advances in technology have proven to be very beneficial, laws regarding new technology have struggled to keep up. It is important for the laws to realign with the advances, so that mothers like Karen have an easier time when having children via IVF. We wish Karen the best of luck at facing the United States Supreme Court this summer!