Austin Probate Lawyer

The Arkansas Supreme Court ruled this month in the case of Amy Finley, a widowed mother who attempted to obtain child insurance benefits based on her deceased husband’s earnings for her in vitro-conceived child but was denied by Arkanas social services. Amy Finley decided on in vitro fertilization after discovering she was unable to have children with her husband, Wade Finley. Two embryos were implanted in her womb in 2001, but she miscarried. One month later, Wade Finley died. In June of 2002, Amy thawed the two remaining embryos and had them implanted, giving birth nine months later.

When she applied for insurance benefits, however, she was denied. State officials argued that the child was technically conceived after the father’s death. Amy Finley maintained that “conception” occurred when the embryos were created by an egg and sperm, not when the embryos were implanted.

The Arkansas Supreme Court ruled in favor of the state, saying that state inheritance law had no provisions for in vitro fertilization, but stopped short of providing an official definition for the term “conception.” They urged the state legislature to take up that issue.

If you or someone you know needs legal advice regarding wills, estate planning, or inheritance issues, contact an Austin probate lawyer from Slater & Kennon today.