Analysis of Ethical Dilemmas
Analysis of Ethical Dilemmas
Posthumous Conception Case
Grand Canyon University
By Isabel Tolento, RN
January 20, 2013
Ethical implications arise when a situation deals with principles of morality and resolution is neither right nor wrong. Because of the stress and emotion ethical dilemmas present us with; steps have been recognized to help work through determination. Although each and every situation is unique, a framework for problem resolution along with laws for ethical situations has taken effect.
In the ethical dilemma of Karen Capato and her posthumous conception twins born 18 months after her husband’s death, lives changing ethical questions are considered in the decision to award social security benefits. Shortly after Karen married her husband Robert Capato, he was diagnosed with esophageal cancer. Worried about conceiving children naturally, the couple was blessed with the natural birth of their son. Concerned about the ability to conceive again in his worsening condition, the couple was prompted to consider invitro fertilization. Robert began depositing sperm to a Florida sperm bank. The couple notarized a statement that “children born to us, who were conceived by use of our embryos,” were undeniably their children in all aspects, including entitlement to their property. The notarized statement was not enough under Florida State Law. The provision, however, was not included in Robert Capato’s will at the time of death in March of 2002 (Barnes, 2012).
After the Capato twins were born, Karen quickly applied for social security benefits as their first son and she received. The twins were considered ineligible and denied by the Social Security Administration, (SSA), and survivor benefits due to contradicting definitions for “child,” of the deceased. Karen contended the word "child" is clearly defined in the 1939 SSA as the biological offspring of a married couple, and that the section of the law linking benefits
Posthumous Conception Case
Grand Canyon University
By Isabel Tolento, RN
January 20, 2013
Ethical implications arise when a situation deals with principles of morality and resolution is neither right nor wrong. Because of the stress and emotion ethical dilemmas present us with; steps have been recognized to help work through determination. Although each and every situation is unique, a framework for problem resolution along with laws for ethical situations has taken effect.
In the ethical dilemma of Karen Capato and her posthumous conception twins born 18 months after her husband’s death, lives changing ethical questions are considered in the decision to award social security benefits. Shortly after Karen married her husband Robert Capato, he was diagnosed with esophageal cancer. Worried about conceiving children naturally, the couple was blessed with the natural birth of their son. Concerned about the ability to conceive again in his worsening condition, the couple was prompted to consider invitro fertilization. Robert began depositing sperm to a Florida sperm bank. The couple notarized a statement that “children born to us, who were conceived by use of our embryos,” were undeniably their children in all aspects, including entitlement to their property. The notarized statement was not enough under Florida State Law. The provision, however, was not included in Robert Capato’s will at the time of death in March of 2002 (Barnes, 2012).
After the Capato twins were born, Karen quickly applied for social security benefits as their first son and she received. The twins were considered ineligible and denied by the Social Security Administration, (SSA), and survivor benefits due to contradicting definitions for “child,” of the deceased. Karen contended the word "child" is clearly defined in the 1939 SSA as the biological offspring of a married couple, and that the section of the law linking benefits
References: Barnes, R. (2012, March). Complications beset ‘posthumous conception’ case. Washington, United States. Liu, A. H. (2012, March 19). POSTHUMOUS CONCEPTION, SOCIAL SECURITY ACT, STATE INTESTACY LAW, STATUTORY INTERPRETATION. Retrieved from Legal Information Institute: http://www.law.cornell.edu/supct/cert/11-159 Totenberg, N. (2012, March 21). Court: No Benefits For Kids Conceived After Dad Died. Retrieved from npr.org: http://www.npr.org/2012/05/21/153224630/court-no-benefits-for-kids-conceived-after-dad-died Totenberg, N. (2012, March 19). Justices Weigh IVF Technology Against 1939 Law. Retrieved from npr.org: http://www.npr.org/2012/03/19/148935151/justices-weigh-ivf-technology-against-1939-law