Astrue v. Capato, 566 U.S. 541 (2012), was a case in which the Supreme Court of the United States held that children conceived after a parent's death are not entitled to Social Security Survivors benefits if the laws in the state that the parent's will was signed in forbid it.

Eighteen months after her husband's death, in 2003, Capato gave birth to twins.

[5] She applied for Social Security Survivors Benefits based on her husband's earnings during his lifetime.

[7] Are children conceived by in vitro fertilization after their biological father's death protected under Title II of the Social Security Act?

[8] In a unanimous 9–0 decision, Justice Ginsburg wrote the majority decision for the Supreme Court in favor of Astrue, stated that the children conceived after the death of their father were not entitled to Social Security benefits.