Karen K. Capato, on Behalf of B.N.C., et al., Respondents
Charles A. Rothfeld, Counsel of Record
In 1999, newlyweds Robert and Karen Capato learned that Robert had cancer. His doctor informed him that his chemotherapy treatment would likely render him unable to father children. Prior to beginning treatment, Robert deposited semen in a sperm bank so that he could father children at a later date through in vitro fertilization. In August 2001, however, Karen gave birth to a son through natural means. In March 2002, Robert died. Shortly before his death, Karen began in vitro fertilization in an attempt to produce a sibling for her son. On September 23, 2003, she gave birth to twins. Shortly…
