Ethics Capato Essay

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Astrue v. Capato, the Supreme Court ruled that children conceived posthumously -- that is, through in vitro fertilization after the biological parent is deceased -- are not entitled to the same rights and privileges as children born while that parent is alive. The case refers specifically to the Social Security Act, which provides for the common welfare by establishing a system whereby children may be listed as dependents on their parents. Children who are born to parents during the course of the parent's lifetime, even if conceived via in vitro fertilization, are entitled to the parent's Social Security Benefits as well as to inheritance. However, in Astrue v. Capato, the court ruled that children conceived via in vitro fertilization after the biological parent has died are not classified as "dependents" or as heirs under the law. The decision has serious ramifications for health care workers who deal with cases that are similar to this one.

Although not expressly about the ethics of in vitro fertilization itself, Astrue v. Capato does raise important questions for health care workers. To discuss some of the ramifications and ethical issues in Astrue v. Capato, I interviewed a hospital administrator with over fifteen years of experience. The administrator has worked with the parents and children of in vitro fertilization, but had never before encountered a case involving a posthumously conceived child as in Astrue v. Capato.

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The administrator admitted to following the case closely when it was pending, and indicated that she was not surprised at the decision but would have preferred to see more decisive action on the part of her colleagues in terms of ensuring the rights of children born in situations like these. When asked about her worldview, the administrator paused and said, "I believe in equality, freedom, and justice. My worldview is constantly changing. I am open minded." When asked to articulate her nursing philosophy and philosophy regarding technologies like in vitro fertilization, the administrator said that in vitro is the mother's right, and did not see why the children born via in vitro fertilization should be treated differently. The administrator admits that she often finds herself pulled in two different directions, as the needs of healthcare workers and the patients they represent sometimes clash with the needs of insurance companies. The administrator suggested the Astrue v. Caputo case raises more ethical questions related to the health care system and how it dehumanizes patients, than it….....

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