QUESTIONS PRESENTED
This is in response to your request for an opinion as to the validity of the Number
Holder's adoption of John D. R~ (John) under West Virginia law, and whether a parent-child
relationship exists.
CONCLUSION
Based on our review of the facts of this case and our research of the relevant statutes,
regulations, and case law, we have concluded that John's adoption is valid under state
law, and that it resulted in a parent-child relationship between the Number Holder
and John.
FACTUAL BACKGROUND
The following is a summary of the relevant facts in this matter. John is a mentally
handicapped twenty-six year old adult who has lived with the Number Holder and his
wife since he was an infant. The Number Holder is currently receiving retirement benefits.
In July 2002, when John was twenty-two years old, the Number Holder, his wife, and
John appeared for a hearing before Judge John R. F~ of the Circuit Court of Mercer
County, West Virginia on a petition to adopt John. After hearing from all three parties,
Judge F~ granted the petition and declared John the adopted son of the Number Holder
and his wife.
On March 21, 2006, the Number Holder filed an application for supplemental security
income on John's behalf. That application was granted, with a protective filing date
of January 11, 2005. The current request for a legal opinion arises out of John's
April 26, 2006 application for disabled adult child's benefits on the Number Holder's
account. The issues are whether John's adoption as an adult is valid under West Virginia
law, and whether a parent-child relationship exists.
ANALYSIS
Disabled adult child's benefits may be granted based on the earnings record of an
insured who is entitled to old-age benefits if the applicant is (1) the insured's
child, (2) dependent on the insured, (3) eighteen years old or older, and (4) has
a disability that began before he reached age twenty-two. 42 U.S.C. § 402(d)(1); 20
C.F.R. § 404.350(a) (2005). Under the Act and the implementing regulations, a "child"
includes a legally adopted child. 42 U.S.C. § 416(e); 20 C.F.R. § 404.356 (2005).
To determine the legality of an adoption, the Agency looks to the law of the state
where the adoption took place. 20 C.F.R. § 404.356 (2005). John was adopted in West
Virginia. Accordingly, West Virginia law applies.
Based on our research, we have concluded that John is the insured's legally adopted
child. Under West Virginia law, any adult resident may petition the court for permission
to adopt a person over eighteen years old, with the consent of the person to be adopted.
W. Va. Code § 48-22-801. In this case, a hearing was held in July 2002 on a petition
filed by the Number Holder and his wife to adopt twenty-two year old John. The court
noted that John had continuously lived with the Number Holder and his wife since January
1980; that John relied on the Number Holder and his wife for support; that the Number
Holder and his wife were fit to adopt John and provide for his maintenance, support,
and education; and that John's best interests would be promoted by the adoption. After
hearing from all three parties to the adoption, the judge granted the petition and
declared John adopted by the Number Holder and his wife. Accordingly, John's adoption
satisfies the requirements of West Virginia law, and confers upon him child status
under the Commissioner's regulations. 20 C.F.R. §§ 404.350(a)(1), 404.356 (2005).
In addition to demonstrating that he is the Number Holder's child, John must also
demonstrate that he is dependent on the Number Holder and that his disability began
before he reached age twenty-two. 20 C.F.R. § 404.350(a) (2005). A legally adopted
child is presumed dependent on the insured if he was adopted before the insured became
eligible for old-age benefits. 20 C.F.R. § 404.362(a) (2005). If the adoption occurred
after the insured became entitled to old-age benefits, and the claimant was over eighteen
years old at the time of the adoption, the claimant must demonstrate that he was living
with or receiving at least one-half of his support from the insured for the year immediately
preceding the month in which the adoption occurred. 20 C.F.R. § 404.362(b) (2005).
I cannot determine from the information you provided whether John was adopted before
or after the Number Holder became entitled to old-age benefits. However, in either
event, it appears that John satisfies the dependency requirement. If John was adopted
before the Number Holder became eligible for old-age benefits, then he is presumed
dependent. Even if he was adopted after the Number Holder became eligible for old-age
benefits, the Final Order issued by Judge F~ specifically states that John had been
living continuously with the Number Holder and his wife since January 1980, and that
he relied on them for support.
The final requirement for obtaining disabled adult child's benefits is proof that
John's disability began before he turned twenty-two years old. 20 C.F.R. § 404.350(a)(5)
(2005). Based on the information you provided, it appears that John has been mentally
handicapped since birth. If this is correct, then John has satisfied each of the requirements
for obtaining disabled adult child's benefits.
CONCLUSION
For the above reasons, we conclude that John's adoption is valid under West Virginia
law and confers upon him child status. In addition, it appears that John is dependent
on the Number Holder, and that his disability began before he turned twenty-two years
old. Accordingly, he is entitled to disabled adult child's benefits on the Number
Holder's account.
Donna L. C~
Regional Chief Counsel
By:_________________________
Elizabeth A. C~
Assistant Regional Counsel