May 25, 2013

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Reporter: The Associated Press Email

No Survivor's Benefits For Posthumously Conceived

The Nebraska Supreme Court says children conceived through artificial insemination after the death of a parent cannot receive Social Security survivor benefits.

The opinion came in the Social Security case of an Omaha child conceived a week after the 2006 death of her biological father.

Earlier this year, the U.S. Supreme Court ruled that twins conceived after their Florida father's death cannot get survivor benefits because Florida law bars children conceived posthumously from inheritance.

In the Omaha child's case, the Nebraska Supreme Court was asked by a federal court to determine whether Nebraska's laws allow inheritance by a child posthumously conceived.

The state's high court found Friday that a child conceived after a biological father's death does not "survive" the parent and is excluded from inheriting under Nebraska law.


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