We use State intestacy laws to determine whether there is a natural parent-child relationship to establish the child’s initial entitlement or reentitlement to benefits. We will find that a natural parent-child relationship exists if the State of the number holder’s (NH) domicile (see GN 00306.014G) would find the claimant able to inherit the NH’s personal property as the NH’s legal child if the NH were to die intestate. Descriptions of State intestacy laws are set out in GN 00306.405 through GN 00306.680.

In some cases, we may presume a parent-child relationship under State intestacy law (see GN 00306.011 through GN 00306.013). When we cannot presume a parent-child relationship under State intestacy law, we consider whether a child meets the relationship requirement under specific State intestacy law (see GN 00306.014).

For special instructions on cases involving surrogacy or posthumous conception, see GN 00306.014C and GN 00306.014D, respectively.

When we establish a child’s relationship to the NH under State intestacy law, we deem the child dependent on the NH unless someone else adopts the child during the NH’s lifetime (see GN 00306.165). For more information on dependency requirements, see the chart in GN 00306.002F.

When the NH’s parental rights with respect to a child have been terminated by court order and the child has not been adopted by someone else, the child does not necessarily lose inheritance rights with respect to the NH under State law. This issue is relevant to initial entitlements and reentitlements. In the absence of a legal precedent opinion, submit the case for a legal opinion using instructions in GN 01010.815. If someone other than the NH adopts the child during the NH’s lifetime, see GN 00306.165.

Do not use these instructions to terminate a child’s benefits based on a change in the parent-child relationship under State law after initial entitlement or re-entitlement. We use these determinations only to establish the child’s initial entitlement or reentitlement to benefits.

Adoption by someone other than the NH, the termination of a NH’s parental rights, and a child’s loss of inheritance rights do not terminate the child’s entitlement to child’s benefits.

For post-entitlement events that may terminate a child’s entitlement to benefits, see RS 00203.035.

If a child claimant, or an individual acting on the child’s behalf, questions the constitutionality of SSA’s interpretation of State intestacy law at the initial claim or reconsideration level, request a legal opinion using instructions in GN 01010.815.

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  GN 00306.001 Definitions of Terms Used in Determining Parent-Child Relationship for Title II Benefits

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  GN 00306.011 Presumption of Title II Parent-Child Relationship Under State Intestacy Law - Overview

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  GN 00306.012 Presumption of Title II Parent-Child Relationship Under State Intestacy Law – Child and Birth Mother

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  GN 00306.013 Presumption of Title II Parent-Child Relationship Under State Intestacy Law – Child and Birth Mother’s Spouse

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  GN 00306.014 Use of State Intestacy Laws to Develop Title II Parent-Child Relationship

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  GN 00306.015 Use of a State Court Judgment or Order to Establish a Parent-Child Relationship Under State Intestacy Law

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  GN 00306.165 Entitlement Requirements - Child Adopted by Someone Other Than NH

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  GN 00306.305 Determining Status as Number Holder’s Child: When to Request a Legal Opinion

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  GN 00306.310 Challenges to a Parent-Child Relationship Determination