Woman seeks changes in Iowa law for children conceived posthumously

DES MOINES – A West Branch woman who conceived her daughter after her husband's death is seeking to ensure other children like her are recognized in Iowa law.

Lawmakers looking at changes to inheritance law and state laws for establishing a parent-child relationship heard Patti Beeler's story Thursday.

Beeler's husband, Bruce, was diagnosed with leukemia in 2000. Before undergoing chemotherapy that could cause sterility, he banked sperm, hoping the couple could have children after he got well.

But Bruce did not get better, and passed away in 2001.

Patti later underwent insemination and gave birth to daughter Brynn in 2003, in accordance with her late husband's wishes.

Beeler filed for Social Security benefits for her daughter and was denied.

Social Security bases benefits on state inheritance law, Beeler said, and Iowa law leaves it open to interpretation whether Brynn would qualify for benefits.

“Their view is that our marriage ended when Bruce passed away, and so since Brynn was born after, in their view, our marriage ended, she didn't qualify for benefits,” Beeler said.

Beeler ultimately won their case in federal court. That case is currently on appeal.

She wants Iowa law to recognize children like her daughter, now 6, who were conceived posthumously.

Beeler is not aware of other similar cases in Iowa, but said it could become more common as soldiers in the military bank sperm in the event something happens to them.

“This is going to be an increasing problem. It's just something that the law hasn't acknowledged,” Beeler said.

University of Iowa College of Law Professor Sheldon Kurtz helped write the legislation, which cleared a House subcommittee Thursday.

“It assures that all Iowa children, no matter how they're brought into this world, are treated as the children of their biological parents,” said Kurtz, who predicts the law could affect 50-100 cases per year.

Rep. Jeff Kaufmann, R-Wilton, said the girl deserves full and equal treatment under Iowa law and has pushed for the changes.

“It's very personal to me, and at the same time it's a bill that's long overdue,” Kaufmann said.