Should a baby conceived by in vitro after father's death be eligible for SSI?

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87. Isn't it equally valid to ask why these twins are less deserving than other children

whose have a deceased parent?

The biological child of a parent who dies ordinarily is entitled to survivor's benefits. Are you suggesting that there are there millions of children out born every year who lose a parent and don't qualify for such benefits? I think, if I understand your position, you don't object to children qualifying for benefits if they were conceived while the father was alive (either through in vitro or otherwise). So why single out these children for fewer benefits than any other child might qualify for?

For the record, my view on the case is that it raises interesting questions of law. If it was up to me, I'd probably rule against extending benefits in this case based on the absence of any evidence that Congress intended to cover such a situation (not surpising since Congress undoubtedly didn't even imagine the possibility of such a situation when it enacted the law). That doesn't mean that Congress couldn't and may be should go back and amend the law to cover posthumously conceived children (with or without whatever exceptions, requirements, safeguards etc. that are deemed warranted as a matter of public policy).