ABA Family Legal Guide

Health-Care Law

Specific Issues in Health Care

Assisted Reproductive Technologies

Can children conceived after the death of a parent receive Social Security benefits?

Under the Social Security Act, survivor's benefits are disbursed in order to support children who were dependent on the wage earner at the time of his or her death. Children conceived after the parent's death are not dependent on the wage earner at the time of death. Whether those children still should collect benefits is a question that is being struggled with right now. The act is broadly interpreted by the courts so as to grant benefits to qualified applicants whenever possible. Some commentators predict that as Social Security funds begin to dwindle, courts will become more conservative in deciding who qualifies for those benefits. For now, these children usually receive benefits.