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

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88. Again, under current law a child that was only a fetus when a parent died

has the same rights as a child that was already born when the parent died. The rights attach not to the fetus, they attach to the child. No payments are due while the fetus is in utero and if the fetus isn't carried to term, no benefits apply. Which is why the slippery slope argument is off-point. No one is claiming that a fetus or egg or sperm should have the same rights as a child. They are suggesting that maybe the children of a deceased parent should have the same right whether they were born before the parent died, after the parent died, or even weren't conceived after the parent died.

Personally, I don't think such an outcome would be bad public policy -- I don't see much benefit in denying survivor's benefits to this small class of children. But I also don't think that the law was written with this situation in mind and that it should be up to Congress to decide as a matter of public policy whether and how it wants to address this situation (just as Congress has established various other rules and eligibilty criteria to govern survivor's benefits).