This odd point of law came before the court after a woman, Karen Capato, gave birth to twins 18 months after her husband died of cancer. She had used sperm he deposited when he was alive, and she was seeking his Social Security survivor benefits for the kids.
The Constitution is silent on the question of posthumous conception, in large part because people back then did not sire children after death. In addition, the relevant Social Security law, written in 1939, does not get into questions of whether a surviving “child” includes one who was fertilized in vitro. In other words, the justices pretty much had to wing it.
via What Blag?