PASADENA, Calif., June 18, 2009
Dead Man's Sperm Gives Life, Not Benefits
L.A. Girl Conceived From Dead Man's Sperm Cannot Receive His Social Security Benefits, Court Rules
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(AP / CBS)
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A panel of the 9th U.S. Circuit Court of Appeals on Wednesday upheld a lower court's rejection of child survivor benefits for Brandalynn Vernoff, who was born nearly four years after her father's death in 1995.
The case involved sperm that Bruce Vernoff's widow, Gabriela, had a doctor extract after he died unexpectedly from an allergic reaction. In 1998, she used it for in vitro fertilization and gave birth to Brandalynn in a Los Angeles hospital on March 17, 1999.
Gabriela Vernoff later applied for child survivor benefits from the Social Security Administration but was rejected. A federal judge in Santa Ana also rejected her claims.
The appellate panel ruled that while there was an "undisputed biological relationship" between Brandalynn and her father, the girl was not a dependent at the time of his death as defined by Social Security regulations and by California law on the establishment of paternity.
The three-judge panel noted that California law only grants inheritance rights to children conceived within one year after a parent has died. The ruling also said there was no evidence that Vernoff consented to his wife's artificial insemination, which under state law would be required to establish his paternity.
Gabriela Vernoff "has not provided any evidence of consent to the conception by the insured or his willingness to support Brandalynn," the ruling said.
A message left for the widow's attorney was not immediately returned Thursday.
© MMIX The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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- At least the legal system isn't totally fallible yet. Common sense prevails!!!
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- what am i gonna do! i don't even make that much money =[
I DO have reason to believe she impregnated herself with my seed.
things like this just don't CLICK in my head till it's too late..
her greedy statements echo in my head every night =[ someone please advise me.
please? - Reply to this comment
- men.. i believe i am involved in a similar situation.. only the baby isn't born yet and i cant track her down, she vanished..
it's crazy =[ she canceled her phone - deleted her online social network accts. everything - can't track her down! =[ i don't know how to go about finding her or telling anyone so i don't end up paying unfair child support.
i been betrayed by an older woman.
is there such a thing as sperm rape? i think with all the fatherly benefits out there, the courts need to wake up cuz the women are evil in the coming generations.. they ignore their natural purpose, which is to BE a wife... not conceive money out their vaginas. - Reply to this comment
- Is this real? I mean, of course it is, but I feel like pinching myself before I declare myself to be convinced about the realness of this.
What was the court also dreaming about in the daytimt?
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- Am I the only one that finds this story a little bit beyond the bizarre side?
"Hey doc, my hubby just died from an anaphylactic shock. Could you go in there to his testes and remove the sperm so I can get pregnant?" - Reply to this comment
- Finally, a sensible ruling.
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- Bruce was legally the father of Brandalynn. His sperm was a genuine donation. The federal court and federal court of appeals should be over-ruled by the Supreme Court due to Brandalynn's birth certificate. SSA must entitle Brandalynn the benefits as the legal daughter of Bruce and Gabriela. Mrs. Vernoff's appeal is granted when considering the fact that Bruce and she were legally married.
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- Are you out of your mind? How can you consent to a donation after you are dead? You can only legally consent to something if you are in your right mind and it is pretty obvious that Bruce here was not in any mind at all at the time.
Have me notified when you die and I will say that the day after you died you consented to give me your house as a farewell present. By your logic that will be a binding contract.
- Are you out of your mind? How can you consent to a donation after you are dead? You can only legally consent to something if you are in your right mind and it is pretty obvious that Bruce here was not in any mind at all at the time.
- Wow! Wonder if the writers of "Ugly Betty" heard of this before they wrote those episodes in which that woman wife had her husband's sperm trying to work in a surrogate, in order to get large funds under her control. Anyway, why judge the woman's use of the sperm? Maybe she just wanted something further to remind her of her dead husband. I would agree with the court's decision in lieu of the wording of the present laws covering this matter.
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- Wow! Wonder if the writers of "Ugly Betty" heard of this before they wrote those episodes in which that woman wife had her husband's sperm trying to work in a surrogate, in order to get large funds under her control. Anyway, why judge the woman's use of the sperm? Maybe she just wanted something further to remind her of her dead husband. I would agree with the court's decision in lieu of the wording of the present laws covering this matter.
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- Eeh Gads!
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- I'm sorry... but this seems so wrong. It's almost like rape of the dead.
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- Shows you that some lawyers have nothing but time on their hands to come up with trying to scam the system like this.
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- Makes ya wonder about the wisdom of leaving a popsicle (punny, huh?) laying around.
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- an allergic reaction ??? !!!!
I'm having an allergic reaction to the thought of this .
Was it a slow day at the Doc's office or or his unfullfilled lifetime dream . *** *** *** - Reply to this comment
- No wonder we can't get anything accomplished in our court systems, they are tied up listening to arguments. For instance, say I die and I donate (post death) my corneas, liver, spleen, heart, and anything else they can harvest. Say for instance it all goes to one recipient. Does that mean that person is now a member of my family? Does that mean that person assumes my identity? Does that mean that person can now sleep with my spouse, or have my kids call them father or mother. Come on, guys.
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- "The case involved sperm that Bruce Vernoff's widow, Gabriela, had a doctor extract after he died unexpectedly from an allergic reaction."
That is just wrong on so many levels. I'm sorry, but if my husband passed away, the LAST thing I am going to concern myself with is his sperm.
I can't believe a Doctor actually did this! And then the nut job widow tries to get Social Security for the child!! Wow...Just wow! - Reply to this comment
- Good, finally the courts using their heads.
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