West Branch woman takes fight to high court to get benefits for daughter conceived after father's death

A West Branch woman attempting to get Social Security benefits for her daughter who was conceived through artificial insemination after her father's death filed her case with the U.S. Supreme Court last week.

Patti Beeler is asking the court to review the 8th Circuit Court of Appeals decision made in August, which sided with the Social Security Administration and denied benefits to her daughter Brynn. The court hasn't accepted the case at this time. It may take several weeks or months.

Brynn was born in 2003, nearly two years after Bruce Beeler, 37, died of leukemia in 2001.

The Beelers made the decision to bank semen at a fertility clinic after Bruce Beeler was diagnosed and they found out chemotherapy could cause sterility, according to the 8th Circuit ruling.

The appeals court sided with the Social Security administration, stating Brynn, now 8, wasn't eligible for benefits because she isn't a "child" or the natural child of Bruce Beeler within the meaning of the Social Security Act and wasn't dependent on him, "the wage earner," at the time of his death.

Beeler argued the Code of Federal Regulations reference to "natural child" supports her claim that an undisputed biological child of the insured is necessarily a "child" within the act's meaning, according to the ruling. The regulation doesn't exclude the possibility that "natural child" status can be established by other means, such as an undisputed biological relationship.

Patti Beeler's attorney Paul Morf, of Simmons, Perrine, Moyer and Bergman in Cedar Rapids, didn't return a phone message left Wednesday. After the 8th Circuit decision, Morf did say he was hopeful the high court would take up the issue since the circuit courts are split two to two on the rights for posthumously conceived children. The 3rd and 9th circuits have ruled in favor and the 4th and 8th circuits were against.

While this case was pending, it led to the Iowa legislature passing a law in April that ensures legitimacy, inheritance and other rights for posthumously conceived and born children. The law, which went into effect July 1, allows children born up to two years after a parent dies to receive inheritance rights and Social Security benefits.

Iowa is the 12th state to recognize biological relationships of children conceived posthumously. The other states are: California, Colorado, Delaware, Florida, Louisiana, North Dakota, Texas, Utah, Virginia, Washington and Wyoming.