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Analysis of Ethical Dilemmas Essay

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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 …show more content…

Supreme Court unanimously ruled against the case. Though the twins were no eligible under the Florida law, court appeals found that the Capato twins fit the adequate description under “the child of, or legally adopted child.” Government’s Lawyer, Eric Miller, confirmed that the Social Security Administration, (SSA), required benefit seekers to show ability to inherit property and benefits at the time of insured’s death and that the SSA has determined a child’s eligibility for benefits based on state law since 1940 (Totenberg, 2012). As appeals continued, An Administrative Law Judge, (ALJ), declared that state intestacy law, the law of decent and distribution,” controls appropriateness for survivor benefits for families involving in vitro fertilization children under the SSA. The law varies with each state, making them ineligible for survivor social security benefits in Florida. SSA administrative judge ruled the state of death of Robert Capato was Florida, which determines inability to inherit from parents in conceiving takes place after parent’s death. Florida is one of four states to specifically not allow posthumously conceived children to inherit SSA benefits. While thirteen state laws do allow posthumously conceived children to qualify for the SSA when there is no will, the remaining states are determined by the state courts to specify who is a “child,” entitled to inherit under intestacy law (Totenberg, 2012). As of 2012, the Supreme Court’s

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