A Child Born In Vitro Cannot Collect Death Benefits


Little Rock, AR  (CompNewsNetwork) - The Arkansas Court of Appeals ruled that a child conceived through in vitro fertilization two years after his father's death, could not collect death benefits as a dependent.

The mother and her husband participated at the University of Arkansas's in vitro fertilization program in June 2001 when four embryos that had been created were frozen for preservation.

In July 2001, The father was electrocuted while on the job. On June 2002, the widow had transferred two of the four embryos into her uterus, resulting in the birth of a baby boy in March 2003.

The Court of Appeals believed that the child could not collect death benefits as a dependent because the child was "a frozen embryo at the time of his father's death and was not born until almost two years after his father's death. His mother was not pregnant with him until almost one year after his father's death."

The Arkansas Court of Appeals strongly encourage "the General Assembly to revisit the intestacy succession statutes to address the  issues involved in the instant case and those that have not but will likely evolve."

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