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

TN 41 (06-19)

GN 00306.310 Challenges to a Parent-Child Relationship Determination

These instructions provide guidance when someone challenges the child’s relationship to the number holder (NH).

A. When parent-child relationship status is open to challenge

Evidence presented to challenge the existence of a parent-child relationship may affect the child’s entitlement to Title II benefits. Parent-child relationships can be challenged while a child’s claim:

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    is pending an initial decision;

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    is within the administrative appeals period; or

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    is within the period available to reopening, according to the rules of administrative finality.

To decide if you may reopen a finally allowed or disallowed child’s claim to make a new determination, follow the rules for reopening in GN 04000.000. See also GN 04030.070 for the effect of administrative finality on subsequent and prior claims. Generally, do not reopen Title II benefit determinations after four years unless fraud or similar fault exists (see GN 04020.010).

Do not use new evidence challenging an earlier finding that someone is or is not a child’s parent for Title II benefits to suspend or terminate a child’s continuing entitlement to benefits. Refer to reopening policy in GN 04000.000 and, if necessary, request a Regional Chief Counsel (RCC) opinion following instructions in GN 00306.305 and GN 01010.815.

For events that may terminate a child’s continuing entitlement for benefits, see RS 00203.035.

B. Obtain statements from the individual making the challenge and others who are in a position to know the facts

This subsection provides an overview on obtaining information when someone challenges a child’s status relative to the NH.

1. Obtain a signed statement from the individual making the challenge

Obtain a signed statement, such as Form SSA-795 Statement of Claimant or Other Person, from the individual challenging the parent-child relationship.

Include the individual’s:

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    relationship, familial or otherwise, to the NH and child;

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    reasons for believing that the NH is not the child’s parent, including the factors (as applicable) in GN 00306.310.B.2; and

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    sources of information to support his or her belief.

Fax the statement into the Non-Disability Repository for Evidentiary Documents (NDRed).

NOTE: A few states apply the Lord Mansfield Rule, which prohibits the mother of a child and her legal husband at the time of the child's conception or birth from giving testimony that might rebut the child's status as the NH's child. For more information about the Lord Mansfield Rule and which states apply it, see GN 00306.025 and GN 00306.026.

2. Obtain statements or reports from others who are in a position to know the facts

Obtain signed statements or prepare reports of contact summarizing information and allegations from neighbors, friends, relatives, or others in a position to know the facts.

Include, as applicable:

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    the individual’s role in the child’s life;

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    the actual words the individual recalls hearing the NH use to acknowledge or disavow the child;

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    whether the alleged parents lived together continuously and were considered married in their community;

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    whether the child was born prematurely or whether the gestation period was otherwise abnormal;

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    who was considered the child’s parents by family members and others in a position to know the facts at the time the child was born;

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    whether the alleged parent(s) formalized the artificial reproductive technology (ART) process with their signed consent and under a doctor’s supervision for conceptions involving ART;

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    whether the birth mother’s husband was sterile or completely unavailable to the birth mother at the pertinent time for conceptions not involving ART;

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    whether genetic tests or blood tests were performed to establish the child’s parentage; and

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    other information that the situation warrants.

Fax signed statements and reports of contact obtained outside of the Modernized Claims System (MCS) into NDRed.

C. Obtain documents or other evidence to support or refute the statements

If possible, obtain documents or other evidence to support or refute the statements obtained in GN 00306.310B in this section, including but not limited to:

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    birth or marriage certificates (supporting or contradicting those obtained according to procedures in GN 00306.010);

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    consent to ART statements (supporting or contradicting those obtained according to procedures in GN 00306.010);

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    court documents regarding the child’s parentage, including child support orders;

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    letters, greeting cards, social media output, or email records from the parties involved, which support or refute the allegations;

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    genetic or blood test results meeting the standards specified in the applicable State intestacy digest entry;

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    relevant medical records regarding the child’s birth;

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    relevant medical records supporting or ruling out the likelihood that the NH gave birth to, fathered, or provided genetic material to the child;

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    any other information related to the challenge.

Fax the evidence into NDRed.

D. Make a determination about the validity of the parent-child relationship between the child and the NH

After considering collected evidence both supporting and challenging the parent-child relationship, make a determination on the status of the parent-child relationship between the child and the NH. On a Report of Contact (RPOC in MCS or SSA-5002), summarize the available information and fax it into NDRed.

Depending on the determination, take one of the following actions:

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    Deem or develop dependency (as applicable) if you find that the NH is the child’s parent for entitlement purposes;

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    Disallow the child’s claim if you find that the NH is not the child’s parent by following instructions in GN 00306.315; or

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    Reopen a prior determination if you find that the decision was incorrect and according to the rules of administrative finality.

NOTE: If you are unable to decide whether the NH is the child's legal parent, indicate the reason(s) on the RPOC. Request an opinion from the Regional Chief Counsel (RCC) following instructions in GN 01010.815.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306310
GN 00306.310 - Challenges to a Parent-Child Relationship Determination - 06/21/2019
Batch run: 09/18/2023
Rev:06/21/2019