There is no question that Ian Burns is the son of Michael Burns.
But did Michael intend to father a child nearly three years after his own death from cancer?
For his wife, Gayle, there is no doubt.
But for the Social Security Administration, which is fighting her efforts to get survivor’s benefits for their son, the answer is no.
Now the Utah Supreme Court is entering the debate in a first-of- its-kind case here, though the issue has been debated in a handful of other states.
The justices are poised to answer two questions: Is a signed sperm donor agreement evidence of a man’s desire to become a father, even after his death? And is that child then his legal heir?