DES MOINES, Iowa - A legislative subcommittee approved a measure Thursday giving inheritance rights to Iowa children born up to two years after their father's death.
The measure would mean children conceived through in vitro fertilization would be entitled to benefits such as Social Security survivor payments even if they were gestated after a parent's death.
The subcommittee approved the plan after hearing from Patti Beeler, a West Branch woman who gave birth to a girl after her husband died of cancer. She had to go to court to receive Social Security benefits because of a 150-year-old Iowa law limiting inheritance to children conceived during marriage.
The Social Security Administration is appealing a ruling granting her those benefits.
"I want the law to be changed to recognize children who we conceive posthumously," Beeler told lawmakers. "They didn't contemplate the kind of technology we have today."
Few states have addressed the issue. Among them are Florida and California, which recognize parentage if a father spells out his intent in writing before death, said Pam Greenberg of the National Conference of State Legislatures.
Beeler is seeking benefits for her now 6-year-old daughter Brynn, who was conceived after her father's death.
Patti Beeler married Bruce Beeler in 2001, and within months he was diagnosed with leukemia. Doctors prescribed a treatment with chemotherapy, which can cause sterility, so Bruce Beeler banked his sperm with the hope the couple could have children after he recovered.
He died later that year, and Patti Beeler used her husband's sperm to conceive her daughter born in 2003.
When she sought Social Security benefits for Brynn, she found herself blocked by a 19th century state law that defines children born out of wedlock as illegitimate. Such Social Security decisions typically are based on applicable state laws.
"Their view is our marriage ended when Bruce passed away," Beeler told lawmakers. "I want the law to be changed to recognize children who we conceive posthumously."
Lawmakers said they wanted to move the discussion forward but the bill raises difficult issues.
"This is a very odd situation," Rep. Jeff Kaufmann, R-Wilton, told Beeler. "We're talking about a promise you made to your husband on his death bed."
Kaufmann said Beeler's case is fairly straightforward because both she and her husband had consented to the conception after he died.
"There will be more cases that won't be this straightforward," he said.
Legislators said they were taking care to avoid bringing volatile issues such as abortion and assisted suicide into the debate.
The measure would mean children conceived through in vitro fertilization would be entitled to benefits such as Social Security survivor payments even if they were gestated after a parent's death.
The subcommittee approved the plan after hearing from Patti Beeler, a West Branch woman who gave birth to a girl after her husband died of cancer. She had to go to court to receive Social Security benefits because of a 150-year-old Iowa law limiting inheritance to children conceived during marriage.
The Social Security Administration is appealing a ruling granting her those benefits.
"I want the law to be changed to recognize children who we conceive posthumously," Beeler told lawmakers. "They didn't contemplate the kind of technology we have today."
Few states have addressed the issue. Among them are Florida and California, which recognize parentage if a father spells out his intent in writing before death, said Pam Greenberg of the National Conference of State Legislatures.
Beeler is seeking benefits for her now 6-year-old daughter Brynn, who was conceived after her father's death.
Patti Beeler married Bruce Beeler in 2001, and within months he was diagnosed with leukemia. Doctors prescribed a treatment with chemotherapy, which can cause sterility, so Bruce Beeler banked his sperm with the hope the couple could have children after he recovered.
He died later that year, and Patti Beeler used her husband's sperm to conceive her daughter born in 2003.
When she sought Social Security benefits for Brynn, she found herself blocked by a 19th century state law that defines children born out of wedlock as illegitimate. Such Social Security decisions typically are based on applicable state laws.
"Their view is our marriage ended when Bruce passed away," Beeler told lawmakers. "I want the law to be changed to recognize children who we conceive posthumously."
Lawmakers said they wanted to move the discussion forward but the bill raises difficult issues.
"This is a very odd situation," Rep. Jeff Kaufmann, R-Wilton, told Beeler. "We're talking about a promise you made to your husband on his death bed."
Kaufmann said Beeler's case is fairly straightforward because both she and her husband had consented to the conception after he died.
"There will be more cases that won't be this straightforward," he said.
Legislators said they were taking care to avoid bringing volatile issues such as abortion and assisted suicide into the debate.
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