We generally presume that a child born to a validly married couple is the legal marital
child of both the child’s birth mother and her spouse, regardless of the spouse’s
gender, unless there is evidence to rebut the presumption. As a result, we generally
presume that a child born to a validly married couple would inherit from the birth
mother’s spouse in all states.
Follow the instructions in this section to determine if the child is the legal marital
child of the number holder (NH) and the birth mother. If you determine the child is
the legal marital child of the NH and the birth mother:
presume a parent-child relationship under State intestacy law; and
deem the child dependent on the NH.
If the child was born to a surrogate mother, do not apply this general rule. Instead,
follow instructions in GN 00306.014C.
If the child’s birth mother and the NH were in a non-marital legal relationship (NMLR), do not apply this general rule. Refer all cases involving children born to NMLRs for a legal opinion using instructions in
NOTE: A posthumously conceived child is a non-marital child (see GN 00306.014D).