QUESTION
         You asked whether the number holder’s adoption of the claimant, an adult, is valid
            under Mississippi law for determining the claimant’s entitlement to child’s insurance
            benefits (CIB) as the number holder’s Disabled Adult Child (DAC).
         
         OPINION
         The number holder’s adoption of the claimant is valid under Mississippi law. Therefore,
            the claimant is the number holder’s child for determining the claimant’s eligibility
            for CIB as the number holder’s DAC. We express no opinion regarding whether the claimant
            meets the dependency or other requirements for entitlement to CIB.
         
         BACKGROUND
         According to the information provided, J~ (Claimant) was born in October 1983. His
            mother died in 2011 and his father never provided support to Claimant or participated
            in Claimant’s life. On July XX, 2014, the Chancery Court of the First Judicial District
            of Hinds County, Mississippi, issued a Judgment on Adoption ordering that A~, the
            number holder (NH), was a fit and suitable person to adopt Claimant and that the adoption
            was in Claimant’s best interest. The Chancery Court ordered that Claimant is adopted
            by NH and for all legal intents and purposes is considered NH’s natural child. Claimant
            was 30 years old at the time of the adoption. NH is currently receiving Old Age Insurance
            Benefits.
         
         DISCUSSION
         A claimant may be entitled to CIB (whether as a DAC or category of “child”) if he
            is the “child” of an individual entitled to old-age insurance benefits. See Act § 202(d)(1); 20 C.F.R. § 404.350(a)(1) (2015).*[1] The Act defines “child” to include a legally adopted child. See Act § 216(e)(1); 20 C.F.R. § 404.354. The determination of whether a claimant is the
            legally adopted child of a wage earner is based on the adoption laws of the State
            where the putative adoption took place. See 20 C.F.R. § 404.356; Program Operations Manual (POMS) GN 00306.135(1). NH’s purported adoption of Claimant took place in Mississippi. Therefore, we
            look to Mississippi law to determine whether the adoption was valid.
         
         Mississippi law provides that any person may be adopted. Miss. Code Ann. § 93-17-3(4)
            (West 2015). The law specifically provides that the word “child” is construed to refer
            to the person adopted, even if he or she is an adult. Id. Proper jurisdiction for an adoption is the chancery court of the county in which the
            adopting petitioner or petitioners reside or the child to be adopted resides or was
            born. Id. A petition must be accompanied by a doctor’s statement regarding the physical and
            mental state of the adoptee and a schedule of property owned by the adoptee. Id. Mississippi law also provides that no action shall be brought to set aside a final
            decree of adoption after six months have passed following the entry thereof. Miss.
            Code Ann. § 93-17-15 (West 2015). After the six-month period, no decree of adoption
            shall be set aside at all “except for jurisdictional defects and for failure to file
            and prosecute the same under the provisions of this chapter.” Miss. Code Ann. § 93-17-17
            (West 2015).
         
         Mississippi courts have indicated the doctor’s certificate is a jurisdictional prerequisite,
            and when the petition for adoption is not accompanied by such certificate, the petition
            is not properly before the court. See S.R. v. P.L.H., 748 So. 2d 853, 856-57 (Miss. Ct. App. 1999); Boone v. George Cty. Dep’t of Pub. Welfare, 459 So. 2d 254, 257 (Miss. 1984). The Mississippi Supreme Court clarified, however,
            that even if the court had previously referred to the requirements as “jurisdictional,”
            the requirements for a doctor certificate and a statement of the adoptee’s property
            were not the sort of requisite to an adoption proceeding which could be asserted two
            years after the fact in an attempt to set aside or revoke an adoption. In re Adoption of R.M.P.C., 512 So. 2d 702 (Miss. 1987). The court acknowledged a strong public policy for the
            finality of adoption decrees. Id. at 707 (citing Miss. Code Ann. § 93-17-17). The court deferred judgment on the question
            of whether the requirements for a doctor certificate and statement of adoptee’s property
            could justify revocation of an adoption within the first six months after the decree.
            Id. 
         Here, the adoption decree was issued by the chancery court from Hinds County. The
            Judgment of Adoption states that the petitioner, NH, was a resident citizen of Hinds
            County, Mississippi. Thus, NH met the residency requirement. The Judgment mentions
            the adoption petition and attached exhibits, but does not provide further detail about
            what those documents included. The Judgment does not mention any certification from
            a doctor or Claimant’s property ownership. It is possible those documents are included
            among the exhibits attached to the adoption petition, but it is not clear from the
            documents provided to us. Under Mississippi law, as a public official, the chancery
            court judge here is presumed to have performed his duties lawfully and correctly.
            See Aarco Oil & Gas Co. v. EOG Resources, Inc., 20 So. 3d 662, 668 (Miss. 2009). Regardless of whether those two documents were
            included with the petition, the chancery court issued the Judgment on Adoption on
            July 10, 2014. Over a year has passed. The Mississippi courts have held that at least
            after six months, an adoption decree that was issued without these two requirements
            does not have a jurisdictional defect. In re Adoption of R.M.P.C., 512 So. 2d at 707-08. Thus, even though it is not clear here whether NH filed the
            requisite paperwork with the court, the presumption is that the judge performed his
            duties according to the law and the chancery court still issued the adoption judgment
            and there are no jurisdictional defects. Therefore, Mississippi would recognize NH’s
            adoption of Claimant. We note that for Claimant to qualify for CIB on NH’s earning
            record, Claimant also must meet the other criteria set forth in section 202(d) of
            the Act and the applicable regulations. See Act § 202(d)(1)(C)(i); 20 C.F.R. §§ 404.350(a), 404.360, 404.362.
         
         CONCLUSION
         Based on the evidence provided, NH validly adopted Claimant in accordance with Mississippi
            law. Thus, Claimant is NH’s child for determining Claimant’s eligibility for CIB as
            NH’s DAC
         
          
         Mary Ann Sloan
         Regional Chief Counsel
          
         By: _________________________
         Kristin M. Rogers
         Assistant Regional Counsel