McCORMACK, J.
Pursuant to Neb.Rev.Stat. § 24-219 et seq. (Reissue 2008), the U.S. District Court for the District of Nebraska certified the following question to this court: "Can a child, conceived after her biological father's death through intrauterine insemination using his sperm, and born within nine months of his death, inherit from him as his surviving issue under Nebraska intestacy law?"
In accordance with § 24-221, the following facts were provided by the U.S. District Court in its certification request: Joshua Amen and Melissa Amen married on June 5, 2004. Prior to their wedding, Joshua was diagnosed with cancer. Before beginning cancer treatment, Joshua cryogenically preserved his sperm at a sperm bank. In October 2006, during Joshua's ongoing cancer treatment, Melissa underwent a fertility treatment cycle with Joshua's consent and support. Joshua passed away on November 24, 2006, while domiciled in Nebraska.
Seven days after Joshua's death, Melissa underwent intrauterine insemination using Joshua's cryopreserved sperm. The procedure was successful, and Melissa gave birth to a child, K.L.A., in August 2007. Joshua is K.L.A.'s biological father.
On August 31, 2007, Melissa applied to the Social Security Administration (SSA) for mother's insurance benefits and surviving child's insurance benefits, on behalf of K.L.A., based on Joshua's earnings record. SSA denied the application initially and upon reconsideration.
After the initial determination, Melissa filed a request for rehearing on April 13, 2009. On February 26, 2010, an administrative law judge (ALJ) decided that K.L.A. was entitled to child's insurance benefits on Joshua's Social Security record.
SSA's Appeals Council chose to review the ALJ's hearing decision upon its own motion, pursuant to 20 C.F.R. § 404.969 (2010). The Appeals Council reversed the ALJ's decision. The council found that because K.L.A. does not have inheritance rights in the wage earner's estate under the laws of the State of Nebraska, she is not a "child" of the wage earner, Joshua, under the Social Security Act, 42 U.S.C. § 416(h)(2)(A) and (B) or (3)(C) (2006),
On November 8, 2010, Melissa filed an appeal of the final decision of the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g) (2006) in the U.S. District Court.
We are asked to determine whether, under Nebraska intestacy law, a child conceived after her biological father's death through intrauterine insemination can inherit from her father's intestate estate. To begin, Neb.Rev.Stat. § 30-2301 (Reissue 2008) states: "Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this code."
Neb.Rev.Stat. § 30-2303 (Reissue 2008) provides in relevant part:
Under Neb.Rev.Stat. § 30-2209(23) (Reissue 2008), "[i]ssue" is statutorily defined as "all his or her lineal descendants of all generations."
Neb.Rev.Stat. § 30-2304 (Reissue 2008) states in part: "Any person who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead
The rules of statutory interpretation require an appellate court to give effect to the entire language of a statute, and to reconcile different provisions of the statutes so they are consistent, harmonious, and sensible.
With our fundamental rules of statutory interpretation as guidance, we begin our analysis by examining § 30-2303. It establishes that the issue of the decedent, including lineal descendants, can inherit from a decedent's intestate estate.
This plain meaning is reaffirmed statutorily by § 30-2304, which requires any heir to survive the decedent by "one hundred twenty hours." Nebraska statutes have not defined "survive." But, the afterborn heirs statute was clearly intended as an exception to the survival requirement.
Section 30-2308 contains a plain, direct, and unambiguous limiting clause to the afterborn heirs exception. The heir must be conceived before the father's death. Therefore, our answer to the certified question is no. A child, conceived after her biological father's death through intrauterine insemination using his sperm and born within 9 months of his death cannot inherit from her father as his surviving issue under current Nebraska intestacy law. A child conceived after her biological father's death does not "survive" her father as required under § 30-2304. Further, such a child is unambiguously excluded from inheriting under § 30-2308 because she was not conceived prior to her father's death. Our answer is consistent
Although the result is unfortunate for K.L.A., we are bound to the ordinary meaning of the relevant statutes. The plain, direct, and unambiguous language of the survival requirement under § 30-2304 and the afterborn heirs exception under § 30-2308 represent Nebraska's public policy on this issue. We have previously stated that this court cannot contradict the Legislature on matters of public policy.
Therefore, the plain and ordinary meaning of §§ 30-2304 and 30-2308 is that under current Nebraska law, a child conceived after her biological father's death cannot inherit from her father as surviving issue for purposes of intestacy.
In Melissa's brief, she argues that if we apply Nebraska intestacy laws to deny posthumously conceived children rights in an intestator's estate, the statute as applied would violate the Equal Protection Clause of the Nebraska Constitution. Without addressing the merits of Melissa's equal protection challenge, we find the constitutional question is not properly before this court.
As we did in Givens v. Anchor Packing,
The answer to the certified question is no, a child conceived after her biological father's death through intrauterine insemination using the father's sperm and born within 9 months of his death cannot inherit from the father as his surviving issue under Nebraska intestacy law. Further, Melissa's constitutional challenge is not
JUDGMENT ENTERED.
WRIGHT, J., not participating.