Wills Trusts & Estates keyed to Dukeminier
Woodward v. Commissioner of Social Security
James Woodward married the appellant in 1993. Three years later, Woodward learned that he had leukemia. He was advised that the leukemia treatment my leave him sterile. Therefore he decided to arrange for a quantity of his semen to be preserved. Woodward died later that year. In 1995, the appellant gave birth to two children. She applied two forms of social security, “child’s” benefits and “mother’s” benefits. The Social Security Administration rejected her claim on the ground that she had not shown that the twins were the husband’s children under the meaning of the Act because they were not entitled to inherit under the Massachusetts intestacy and paternity laws.
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