United States Ninth Circuit

Two minor children conceived by in-vitro fertilization after their father's death are entitled to insurance benefits under the Social Security Act because they are their father's legitimate children and thus his dependants under Arizona law.

Appellate Information

• Argued 03/11/2004
• Decided 06/09/2004
• Published 06/09/2004

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before:  B. FLETCHER, REINHARDT, Circuit Judges, and RESTANI, Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Hagit M. Elul,Hughes, Hubbard & Reed, New York, NY, briefed and argued the cause for the plaintiff-appellant.  William T. Bissett, Hughes, Hubbard & Reed, New York, NY, and Priscilla J. Smith, Center for Reproductive Rights, New York, New York, were also on the briefs.


• For Appellees:
  
• Sharon Swingle, U.S. Department of Justice, Washington, DC, briefed and argued the cause for the defendant-appellee.  William Kanter, U.S. Department of Justice, Washington, DC, was also on the briefs.