Effective Dates: 06/21/2019 - Present Previous | Next

TN 41 (06-19)

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

In some cases, you will need to request a legal opinion to resolve a child relationship or dependency issue.

A. Before requesting a legal opinion

Before you request a legal opinion to resolve a child relationship or dependency issue, consider whether the child qualifies as the number holder's (NH) child for the earliest possible month of entitlement under any of the child relationship categories in GN 00306.000.

Review the following instructions to determine if you can establish a parent-child relationship without a legal opinion:

B. When to request a legal opinion

Request a legal opinion following instructions in GN 01010.815 if you determine that there are:

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    no definitive instructions for the child's situation (see examples of such situations in GN 00306.305C); and

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    no reasonable alternative means of entitling the child to benefits.

NOTE: If you submit a claim for a legal opinion, exclude the claim from District Office Final Authorization (DOFA) using code RV03 (e.g., in MCS cases, enter "1" as the non-DOFA reason on the Decision Input (DECI) screen, refer to GN 01010.027.

C. Examples of child determinations that may require or require a legal opinion

The following are examples of child determinations that may require or require a legal opinion. This list of situations is not exhaustive.

1. Conflicting parent-child relationships

When a child could have three or more parents, you may need to request a legal opinion.

For example, a child legally adopted by a couple may still be the NH’s child under State intestacy law, while a fourth individual presents evidence that he may be the child’s biological father.

When the State law is unclear and no relevant precedent exists, request a legal opinion.

2. Questionable DNA evidence

Request a legal opinion when DNA evidence purports to establish a biological parent-child relationship under State intestacy law or section 216(h)(3), but it is unclear whether that evidence is valid according to instructions in GN 00306.100 and GN 00306.125.

3. Assisted reproductive technology (ART)

Evolving State laws do not always reflect the latest advances in medical technology. Request a legal opinion when a case involves ART not specifically addressed in the State law digest (GN 00306.400 to GN 00306.680) or in a relevant precedent (PR 00900.000 to PR 01800.000).

a. Child conceived after NH’s death

The only way to establish a child relationship for a child conceived after the NH’s death is according to State intestacy law, and many states have not enacted such laws. Request a legal opinion for all cases involving a child conceived after the NH’s death.

b. Surrogacy arrangements

While some states addressed surrogacy arrangements in their laws regarding the intestacy rights of children, most have not. You may be able to establish a biological parent-child relationship based on court action under section 216(h)(3) (see GN 00306.110). For all other cases involving surrogacy, request a legal opinion.

4. Intestacy laws in the child’s birth state differ materially from the laws in the NH’s domicile state

If the laws in the child’s birth state (or the NH’s domicile state at the time of the child’s birth) differ materially from the laws in the NH’s domicile state, and neither the State digest entries nor precedent opinions fully resolve the conflict or choice of law matter under the law of the NH’s domicile, request a legal opinion.

D. References

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    GN 00306.315 Disallowing a Title II Child Claim based on Relationship Status

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    GN 01010.815 Request for a Legal Opinion

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    GN 01010.027 District Office Final Authorization (DOFA) exclusions

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306305
GN 00306.305 - Determining Status as Number Holder's Child: When to Request a Legal Opinion - 06/21/2019
Batch run: 09/12/2023
Rev:06/21/2019