A claimant may be eligible for CIB on the earnings record of an individual entitled
to old-age or disability benefits if the claimant is the insured individual’s “child.”
See Social Security Act (Act) § 202(d)(1); 20 C.F.R. § 404.350(a)(1) (2021)[1] Program Operations Manual System (POMS) GN 00306.002A, B; POMS RS 00203.001A.1.b[2] . The regulations define a child as a natural child, legally adopted child, stepchild,
grandchild, step-grandchild, or equitably adopted child. See 20 C.F.R. §§ 404.355-359. In order to determine whether a claimant is a legally adopted
child, the Social Security Administration applies the adoption laws of the State or
the foreign country where the adoption took place. 20 C.F.R. § 404.356; POMS GN 00306.135; GN 00306.155C. To be a legal adoption, the adoption must be valid under the law of the State or
foreign country where it took place. See id. Accordingly, Claimant may qualify for benefits as the legally adopted child of the
NH, if the adoption was valid under the law of Panama, the foreign country where the
adoption took place.
Panama’s Adoption Law provides that a ruling issued in a judicial proceeding is required
to establish the filiation relationship created by an adoption. See The Law Library of Congress, Global Legal Research Directorate, LL File No. 2021-020238.
The ruling is then sent to Panama’s Civil Registry. See id. For children younger than seven, a new birth certificate is issued with the last
name of the adoptive parents. A copy of the new birth certificate may be obtained
from the Civil Registry. See id. For confidentiality reasons, the copy does not include specifics regarding the adoption
proceedings. See id. However, parties to the adoption proceedings have access to the adoption records
if necessary. See id.
In this case, although Claimant’s birth certificate indicates Claimant has NH’s last
name and lists NH as her father, NH does not present proof of a ruling issued in a
judicial proceeding that is necessary to establish a Panamanian adoption. Furthermore,
because NH was a party to the adoption, he has access to additional Panamanian adoption
records. Thus, NH should submit additional evidence showing a judicial proceeding
established NH as Claimant’s adopted father.[3]