Under Title II of the Act, a claimant may be entitled to child’s insurance benefits on the record of an insured individual who has died or an individual who is entitled to old-age or disability benefits if, among other things, he or she is the individual’s child. See 42 U.S.C. § 402(d)(1); 20 C.F.R. §§ 404.350(a)(1), 404.354.^[1] The Act and regulations define “child” as an insured individual’s natural child, legally adopted child, stepchild, grandchild, step grandchild, or equitably adopted child. See 42 U.S.C. § 416(e); 20 C.F.R. §§ 404.354 – 404.359. If the claimant is the insured’s grandchild or step grandchild and the insured legally adopts the claimant, the claimant is considered the insured’s adopted child. See 20 C.F.R. § 404.358(b). Based on the evidence provided, our inquiry focuses on whether the Claimant, NH’s biological grandchild^[2] , is the NH’s legally adopted child.

To determine whether a claimant is a legally adopted child, the agency applies the adoption laws of the State or foreign country where the adoption took place (not the State inheritance laws described in § 404.355). 20 C.F.R. § 404.356; POMS GN 00306.135, GN 00306.155. Here, the adoption took place in Arkansas. Thus, we look to Arkansas law to determine if the Claimant is the NH’s legally adopted child.

1. Arkansas Adult Adoption Law

The Arkansas Supreme Court has stated, adoptions are “governed entirely by statute” and “[a]doption statutes are strictly construed.” In re Adoption of A.M.P., 623 S.W.3d 571, 575 (Ark. 2021). However, the court has also limited the strict-compliance standard to statutory requirements that are jurisdictional in nature, which are primarily the statutory requirements having to do with consent. SeeLagios v. Goldman, 483 S.W.3d 810, 816 (Ark. 2016).

Arkansas’s statutory adoption scheme is primarily found within the Revised Uniform Adoption Act at Ark. Code Ann. §§ 9-9-201 through 9-9-225. Arkansas Circuit Courts^[3] have jurisdiction over determinations of adoption. See Ark. Code Ann. § 28-1-104. Under Arkansas law, “[a]ny individual” may be adopted. Ark. Code Ann. § 9-9-203. Thus, an adult adoption is permissible. Additionally, Arkansas limits the individuals who can adopt to: a husband and wife together, an unmarried adult, an unmarried father or mother of the individual to be adopted, and in some circumstances, a married individual without the other spouse joining in the petition. SeeArk. Code Ann. § 9-9-204.

Adoption proceedings are initiated by the individual seeking to adopt (petitioner) filing a petition in the county in which the petitioner or individual to be adopted resides. See Ark. Code Ann. § 9-9-205(c), (d). For adult adoptions, the petition should include (1) the date and place of birth of the individual to be adopted if known; (2) the name to be used by the individual to be adopted; (3) the full name, age, place, and duration of residence of the petitioner; (4) the marital status of the petitioner; and (5) the name of any person whose consent is required, but has not consented. See Ark. Code Ann. § 9-9-210.^[4] The petitioner must also file with the clerk the required consents for the adoption and a certified copy of the birth certificate or verification of the birth record of the individual to be adopted. See Ark. Code Ann. § 9-9-210(b). For adult adoptions, the individual to be adopted and his or her spouse must execute a written consent. SeeArk. Code Ann. § 9-9-206(b). The individual to be adopted must execute the consent in the presence of the court, and the consent should contain the name of the adopting parent unless the consent contains a statement that the person consenting voluntarily executed the consent irrespective of disclosure of the name or other identification of the adopting parent. SeeArk. Code Ann. § 9-9-208(a)(1), (b). The consent should also state the individual has a right to withdraw the consent and provide the address of the probate division clerk of the circuit court of the county where the petition for adoption will be filed. See Ark. Code Ann. § 9-9-209(b)(2). Arkansas does not require consent from any parent of the adult. SeeArk. Code Ann. § 9-9-207(a)(7); Tapp, 638 S.W.3d at 18 n.2 (noting Arkansas’s adoption statutes do not require notice or consent of an individual’s parents to the adoption if the individual to be adopted in an adult). In most circumstances, Arkansas allows individuals to withdraw their consent within ten calendar days after the consent to adopt is signed, but does not apply this ten-day withdrawal period to an adult being adopted or the adult’s spouse. SeeArk. Code Ann. § 9-9-209(b), (c)(2). A consent cannot be withdrawn after the entry of the adoption decree. See Ark. Code Ann. § 9-9-209(a).

After filing a petition to adopt an adult, the court must order that a copy of the petition and notice and place of the hearing be given to any person whose consent is required for the adoption but who has not consented.^[5] See Ark. Code Ann. § 9-9-212(d)(1). Both the petitioner and individual to be adopted must appear at the hearing unless excused for good cause. See Ark. Code Ann. § 9-9-214(a). A court may issue a final decree of adoption if, at the conclusion of the hearing, the court finds all required consents have been obtained, any time for withdrawal of consent has passed, and, based on clear and convincing evidence, adoption is in the best interest of the individual to be adopted. See Ark. Code Ann. § 9-9-214(c); Lagios, 483 S.W.3d at 816 (holding the circuit court must find from clear and convincing evidence that adoption is in the best interest of the child but an appellate court cannot reverse unless adoption is clearly against the preponderance of the evidence). Except with respect to the spouse of the petitioner and the spouse’s relatives, a final decree of adoption terminates the legal relationship between the adopted individual and his or her biological relatives, including the parents, and creates the relationship of parent and child between the petitioner and the adopted individual for all purposes. See Ark. Code Ann. § 9-9-215(a).

2. Application of Arkansas Law to the December XX, 2020 Decree of Adoption

Here, we believe Arkansas courts would find NH’s adoption of Claimant valid under Arkansas law. As detailed above, Arkansas allows adult adoptions and the Decree of Adoption states Claimant executed a written consent. See Ark. Code Ann. §§ 9-9-203, 9-9-206(b). There is nothing to suggest Claimant’s consent did not conform to the statutory requirements of how a consent should be executed. See Ark. Code Ann. § 9-9-208. Claimant was also not married at the time of the adoption, and thus, the requirement that a spouse execute a written consent did not apply to him. See Ark. Code Ann. § 9-9-206(b). Likewise, NH was unmarried at the time and thus, could adopt Claimant. See Ark. Code Ann. § 9-9-204(2). The Decree of Adoption also noted that Claimant and NH were present at the hearing. See Ark. Code Ann. § 9-9-214(a). Although the court indicated it waited ten days to issue the decree, during which time Claimant could have withdrawn his consent, this ten-day period is not required for adult adoptions. SeeArk. Code Ann. § 9-9-209(b), (c)(2). The Decree of Adoption also reflects consideration that all required consents were executed and that the adoption would be in Claimant’s best interest. SeeArk. Code Ann. § 9-9-214(c). As to whether the adoption was in Claimant’s best interests, the Decree of Adoption noted that NH was Claimant’s grandmother, Claimant had lived with NH since 2012,^[6] and no person or agency objected to the adoption. SeeSkelton v. Davis, 639 S.W.3d 373, 378 (Ark. Ct. App. 2021) (affirming circuit court’s best interest finding where petitioner had been a stable and consistent part of the adopted child’s daily life for several years).

Although NH did not provide the agency a copy of the petition to adopt or Claimant’s executed consent, even if those forms did not strictly comply with the Arkansas adoption statutes, the Jefferson County Circuit Court could still retain jurisdiction over the adoption petition. SeeLagios, 483 S.W.3d at 815-17 (holding that failure of adoption petition to include all the information required in Ark. Code Ann. § 9-9-210 did not deprive the circuit court of jurisdiction where all of the information was made part of the record before the adoption decree was entered); Martin v. Martin, 875 S.W.2d 819, 821 (Ark. 1994) (holding failure of consent to comply precisely with adoption code did not prejudice the appellant who executed the consent and could have withdrawn her consent within ten days of executing the consent). In circumstances where a petition for adoption or consent did not comply to form, courts have considered whether the information those documents provided was, nevertheless, made a part of the record or if the party complaining of the noncompliance was prejudiced. Seeid. The Report of Adoption certified by the court clerk and the adoption decree includes most of the information required to be listed in a petition for adult adoptions, including the date and place of birth of Claimant, Claimant’s name, NH’s full name, age, and place of residence, and NH’s unmarried status. See Ark. Code Ann. § 9-9-210 (providing information that must be contained in the petition). The information contained in the Report of Adoption was likely gleaned from the court record and possibly the petition to adopt. Although the Report of Adoption does not specifically identify NH’s duration at her residence, the Decree of Adoption does state that Claimant had been living with NH since 2012. The omission of this information would not appear to prejudice any party. As to Claimant’s consent, the Decree of Adoption states it was executed and that Claimant was provided time to withdraw the consent. SeeMartin, 875 S.W.2d at 821 (holding circuit court had jurisdiction even if consent document omitted clerk’s address required by Ark. Code Ann. § 9-9-209(b)(2) where record showed consent was given, the individual had knowledge she could withdraw consent, and she had an opportunity to withdraw the consent). Claimant also was present at the hearing where testimony was taken, and no party objected to the entry of an adoption. Thus, Claimant had knowledge that NH was the adopting parent and he could withdraw the consent. See Ark. Code Ann. §§ 9-9-208(b), 9-9-209(b)(2). The Decree of Adoption’s notation that testimony was taken and no party objected also indicates that both NH and Claimant participated in the hearing, were knowledgeable of the purpose of the proceeding, and consented to the adoption. SeeLagios, 483 S.W.3d at 815-17 (finding evidence of petitioner’s knowledge and consent where petitioner appeared before the judge and provided testimony regarding the circumstances that supported the adoption). Here, nothing suggests the Circuit Court did not have jurisdiction over NH’s petition to adopt Claimant. The effect of an adoption decree is to create a parent and child relationship between the petitioner and the adopted individual for all purposes. See Ark. Code Ann. § 9-9-215(a)(2). Thus, the final Decree of Adoption entered on December XX, 2020, created a parent and child relationship between NH and Claimant under Arkansas law.

We also note that, with some exceptions, Arkansas limits challenges to an adoption decree to a one-year period. See Ark. Code Ann. § 9-9-216(b); Tate v. Bennett, 20 S.W.3d 370, 371-72 (Ark. 2000) (holding grandmother who did not receive notice of adoption could not challenge adoption after one-year period). Specifically, after the one-year period has expired and if the adoption is not already the subject of an appeal, “the decree cannot be questioned by any person including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or of the subject matter.” SeeArk. Code Ann. § 9-9-216(b). However, this one-year limitation does not apply in the case of an adult adoption if the adult had no knowledge of the decree within the one-year period.^[7] Id. Court have also found adoptions can be set aside after the one-year period if fraud upon the court is alleged and proved, seeCarr v. Miller, 184 S.W.3d 470, 473 (Ark. Ct. App. 2004) and in cases where the natural parents of a minor child did not receive notice of the child’s adoption,^[8] seeMayberry v. Flowers, 65 S.W.3d 418, 421-24 (Ark. 2002); McKinney v. Ivey, 698 S.W.2d 506, 507-08 (Ark. 1985). Here, we are unaware of any timely legal challenge to the Decree of Adoption entered as to NH and Claimant on December XX, 2020, or to any circumstances that would justify an untimely challenge after the one-year period. Notably, any challenge to whether the petition to adopt or Claimant’s consent complied precisely with sections 9-9-208 and 9-9-210 of the Arkansas Code Annotated would be prohibited at this point. SeeArk. Code Ann. § 9-9-208 (describing how consent is executed); § 9-9-210 (providing information that must be contained in the petition and documents that must be filed with the petition, including the required consents).

3. Consideration of the Arkansas Decree of Adoption and the Gray Factors

Finally, consistent with SSR 83-37c, we note that the agency is generally not bound by a state court’s decision. See SSR 83-37c, 1983 WL 31272, at *3 (adopting Gray v. Richardson, 474 F.2d 1370 (6th Cir. 1973) as national policy). State court determinations on domestic relations matters bind the agency only when they meet the following criteria of SSR 83-37c (the Gray factors): (1) when a state court of competent jurisdiction has determined an issue in a claim for Social Security benefits; (2) when parties with opposing interests genuinely contested the issue before the state court; (3) when the issue falls within the general category of domestic relations law; and (4) when the state court’s resolution is consistent with the law enunciated by the State’s highest court. Here, the agency is not bound by the state court’s Decree of Adoption under SSR 83-37c because the issue was not genuinely contested by opposing parties. Nevertheless, as discussed above, the Arkansas court’s Decree of Adoption appears consistent with Arkansas law and constitutes strong evidence supporting the validity of the adoption.

In sum, nothing in the December XX, 2020 Decree of Adoption or in the other information provided undermines the validity of NH’s adoption of Claimant under Arkansas law. As the Decree of Adoption is consistent with Arkansas law, we believe it would be reasonable for the agency to defer to the Arkansas Circuit Court’s December XX, 2020 Decree of Adoption to find that Claimant is the legally adopted child of NH for Title II benefit purposes.