Sperm Donor Case

By Doug Chalgian on January 3, 2013

The Michigan Supreme Court addressed a curious issue, and provided an unsurprising result. Under Michigan law a child conceived after the death of the parent through artificial means is not a child of that parent when it comes to collecting Social Security benefits. The holding was made in Mattison v Social Security Commissioner. The United States Supreme Court had previously indicated that this question is a function of state law, and Michigan’s EPIC seems pretty clear on this point. However, it took a certified question from the Federal District Court in which these facts were in play in order to have the law established. If Michiganders want a different result they will have to amend EPIC.

mm By: Doug Chalgian
Doug Chalgian

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