760 N.E.2d 257, 270 (Mass.2002)
In January 1993, Lauren Woodward and her husband Warren Woodward, who had been married for approximately three and one-half years and remained childless, learned that Warren had leukemia.1 The couple arranged for a quantity of Warren's semen to be medically withdrawn and preserved through a process known as sperm banking before he began treatment.2 Warren underwent an unsuccessful bone marrow transplant and died in October 1993, after which Lauren was appointed administratrix of his estate.3
In October 1995, Lauren gave birth to twin girls who had been conceived through artificial insemination using Warren's preserved semen.4 In January 1996, she applied to the Social Security Administration for child's insurance benefits under 42 U.S.C. § 402(d)(1) and mother's benefits under 42 U.S.C. § 402(g)(1).5 The SSA denied the claims on the ground that the twins were not the husband's children within the meaning of the Act.6
In February 1996, while pursuing appeals from the SSA denial, Lauren filed a complaint for correction of birth record in the Probate and Family Court against the clerk of the city of Beverly, seeking to add Warren as the father on the twins' birth certificates.7 In October 1996, a Probate Court judge entered a judgment of paternity based on stipulations of voluntary acknowledgment of parentage and ordered the birth certificates amended to declare Warren the children's father.8
An administrative law judge conducted a de novo hearing.9 The judge concluded that the children did not qualify for benefits because they were not entitled to inherit from Warren under Massachusetts intestacy and paternity laws.10 The SSA appeals council affirmed that decision.11 Lauren appealed to the United States District Court for the District of Massachusetts.12 The court certified the question regarding the inheritance rights of posthumously conceived children under Massachusetts intestacy law to the Supreme Judicial Court because the parties agreed that a determination under state law was dispositive and no directly applicable precedent existed.13
Whether, if a married man and woman arrange for sperm to be withdrawn from the husband for the purpose of artificially impregnating the wife, and the woman is impregnated with that sperm after the man, her husband, has died, children resulting from such pregnancy enjoy the inheritance rights of natural children under Massachusetts' law of intestate succession?14
In limited circumstances, a child resulting from posthumous reproduction may enjoy the inheritance rights of "issue" under the Massachusetts intestacy statute.15 These limited circumstances exist where the surviving parent or the child's other legal representative demonstrates a genetic relationship between the child and the decedent.16 The survivor or representative must then establish both that the decedent affirmatively consented to posthumous conception and to the support of any resulting child.17 Even where such circumstances exist, time limitations may preclude commencing a claim for succession rights on behalf of a posthumously conceived child.18
Yes. The Massachusetts intestacy statute permits posthumously conceived children to inherit as issue in limited circumstances when the requirements of genetic relationship and affirmative consent are met.19 The established facts establish that Lauren Woodward and Warren Woodward arranged for sperm to be withdrawn and preserved in January 1993 after learning of his leukemia diagnosis, that Warren died in October 1993, and Lauren was appointed administratrix of his estate.20
Application of the rule requires the surviving parent to prove both the genetic tie, which the facts indicate is present because Warren is the genetic father, and the decedent's affirmative consent to posthumous conception and child support, which the facts do not detail beyond the initial banking arrangement.21 The court does not resolve whether the consent element is satisfied on these facts because the certified question is general.22
Posthumously conceived children may enjoy the inheritance rights of issue under Massachusetts intestacy law when the surviving parent demonstrates a genetic relationship and the decedent's affirmative consent to posthumous conception and support of the resulting child.23