Marvella H~ is currently entitled as a child on the earnings record of Marvin S. H~.
                  The Kansas City region asked us for a legal opinion concerning whether genetic test
                  results obtained after the death of Mr. H~, which show that he was not the biological
                  father of Marvella H~, are sufficient to permit the agency to reopen the determination
                  awarding benefits and to find that Marvella was not entitled to child's benefits under
                  section 216(h)(3) of the Social Security Act, 42 U.S.C. § 416(h)(3). For the reasons
                  that follow, we believe that the Indiana Juvenile Court's finding of paternity is
                  binding and requires the award of benefits.
               
               FACTS
               Marvella was born on November 14, 1986. On February 13, 1987, Mr. H~ and Marvella's
                  mother, Wilma I~, filed a voluntary joint petition to establish paternity with the
                  Juvenile Court in Indiana. In the petition, Mr. H~ admitted that he was Marvella's
                  father, and he agreed to pay child support and expenses. The Juvenile Court adjudged
                  Mr. H~ to be Marvella's "natural father" and ordered him to begin paying support.
               
               Ten years later, in February 1997, Mr. H~ became entitled to disability insurance
                  benefits. In his application, he named Marvella as his child. Marvella began receiving
                  benefits based on Mr. H~' written acknowledgment that he was her father and based
                  on the court order adjudicating him to be her natural father and ordering him to pay
                  support.
               
               In June 1998, Mr. H~ provided blood for a paternity test. (We have no information
                  concerning why Mr. H~ began looking into his paternity at that time.) One month later,
                  in July 1998, Mr. H~ died. Shortly after his death, the blood test results showed
                  that he was not Marvella's natural father. These results were presented to SSA by
                  Mr. H~'s brother, Norman H~, who asked that Marvella not be entitled to benefits on
                  Mr. H~'s account. [1]
               DISCUSSION
               Under the Social Security Act, the "child" of an insured wage earner may receive benefits.
                  In order to be considered the "child," the child must be the "son or daughter" of
                  the wage earner and must meet certain conditions, which we discuss below. Here, Marvella's
                  relationship to the wage earner was established by a state court order in 1987 and
                  by the wage-earner's written acknowledgment on his application. Although additional
                  evidence received now raises questions concerning the biological relationship, we
                  believe that SSA is bound by the state court determination.
               
               1. The Social Security Act's Definition of "Child"
               Section 202(d) of the Social Security Act provides for the payment of benefits to
                  the "child" of an insured wage earner who is retired, disabled, or deceased. 42 U.S.C.
                  § 402(d). The Act defines "child" by reference to section 216(e) of the Act, 42 U.S.C.
                  § 416(e), which states that a child for purposes of the Act is "the child or legally
                  adopted child of an individual; (2) a stepchild (who has been a step child for a particular
                  period of time); (3) a grandchild or stepgrandchild (if certain conditions are met).
                  Section 216(h)(2) of the Act, 42 U.S.C. § 416(h)(2), in turn, provides that "[i]n
                  determining whether an application is the child" of an insured person, "the Commissioner
                  of Social Security shall apply such law as would be applied in determining the devolution
                  of intestate personal property by the courts of the state" where the insured individual
                  is domiciled at the time of application or death. An applicant for benefits who would
                  have the same status of a child relative to taking the intestate personal property
                  of the insured individual is "deemed" to be the insured's child.
               
               If the claimant is not a "child" under the intestate succession laws, the Act allows
                  alternative ways for the child to show entitlement. First, if the applicant is the
                  son or daughter of the insured individual he or she can be deemed to be the child
                  if the parents went though a marriage ceremony that would have resulted in a valid
                  marriage, but for a legal impediment. 42 U.S.C. § 416(h)(2)(B). Second, if the applicant
                  is the son or daughter of the insured individual, she or he can be deemed to be the
                  child if the insured acknowledged in writing that the applicant is his or her son
                  or daughter. 42 U.S.C. § 416(h)(3)(A)(i)(I). Third, if the applicant is the son or
                  daughter of the insured individual, she or he can be deemed to be the child if the
                  insured has been decreed by a court to be the mother or father of the applicant. 42
                  U.S.C. § 416(h)(3)(A)(i)(II). Fourth, if the applicant is the son or daughter of the
                  insured individual, she or he can be deemed to be the child if the insured has been
                  ordered by a court to contribute to the support of the applicant because the applicant
                  is his or her son or daughter. 42 U.S.C. § 416(h)(3)(A)(i)(III). Finally, if the applicant
                  is the son or daughter of the insured individual, she or he can be deemed to be the
                  child if" by evidence satisfactory to the Commissioner of Social Security" that the
                  insured is the mother or father of the applicant and was living with or contributing
                  to the support of the applicant at a specified tune. 42 U.S.C. § 416(h)(3)(A)(ii).
               
               Thus, the Act imposes different tests for establishing entitlement to child's benefits,
                  and it imposes different responsibilities on the Agency in making determinations whether
                  the child can inherit from those deciding other methods of entitlement. In deciding
                  whether the child can inherit, the Agency can act even if a state court has not acted,
                  and it can predict what the relevant state court would do. See 20 C.F.R. § 404.355(b). The Act directs the Commissioner of Social Security to "apply
                  such law" as would be applied by the relevant state courts. In its current regulations,
                  the Agency makes it clear that it will not require the individual actually go to the
                  state court to have determinations made; instead, we will decide the issue by applying
                  the standard of proof that the state court would apply to decide the issue. Id. By contrast, the Act does not authorize directly the Agency to apply state law to
                  decide whether there is a state court order, e.g., declaring paternity or ordering
                  the payment of child support. In these later situations, the Agency is required to
                  give effect to valid state court orders.[2]
               2. How should Marvella's application be considered?
               The Act, as discussed above, makes it clear that the primary base for entitlement
                  to child's benefits is the "inheritance test." The alternative bases for entitlement
                  depend on the claimant not being "deemed" the wage-earners child under the inheritance
                  test. However, the applicant is entitled to benefits as a child so long as she meets
                  any of the tests. Therefore, any answer that entitles the child to benefits should
                  suffice to support the determination.
               
               In this case, we believe it is likely that Marvella would be found able to inherit
                  the wage earners intestate personal property, but we acknowledge that this may be
                  a hard case for the state probate courts (or for SSA deciding how the state probate
                  court would act). Even though inheritance may be a difficult question, however, we
                  believe that the Indiana court's ruling that Mr. H~ is Marvella's "natural father"
                  combined with the order that he pay child support and Mr. H~'s written acknowledgment
                  is sufficient to establish Marvella's entitlement to child's benefits on Mr. H~'s
                  account.
               
               3. Is Marvella the "daughter" of the wage earner?
               Under the Act, all oft he "alternative" methods of establishing child relationship
                  require that the applicant be the "son or daughter" of the wage earner. The regulations
                  refer to this as being the "natural child" of the wage earner. See 20. C.F.R. § 404.355 (1999). [3] The regulations, like the statute, therefore, require evidence of a biological relationship.
                  In this case, the genetic test results raise the question whether Marvella should
                  be entitled on Mr. H~'s account.
               
               Recent genetic tests show that Mr. H~ is not Marvella's natural father. Despite this
                  evidence, the record includes the Indiana Juvenile Court's determination that Mr.
                  H~ was the "natural father" of Marvella. We believe that the Agency must credit the
                  Juvenile Court's finding of paternity. There is no evidence that anyone has asked
                  the court to set aside the prior paternity decision based on the genetic testing,
                  and we have no reason to believe that, if asked, it would permit such a result. [4] Indiana courts apply the principle of res judicata to final judgments, which means
                  that once a court of competent jurisdiction decides an issue as between two parties
                  and issues a final judgment neither it nor other courts will disturb that judgment.[5] See e.g., Gayheart v. Newnam Foundry Co., Inc., 271 Ind. 422, 426 (1979). Courts apply res judicata to prevent parties from repeatedly
                  litigating the same issue and to provide finality. That someone may now believe that
                  the prior finding was "wrong" does not foreclose res judicata effect of the judgment.
               
               In this case, Mr. H~ had the opportunity to contest paternity before the Juvenile
                  Court in 1987. The Juvenile Court issued a final judgment adjudicating Mr. H~ to be
                  Marvella's natural father, and Mr. H~ did not appeal that judgment. Therefore, because
                  Indiana courts would give effect to the judgment, the agency must rely on it in determining
                  Marvella's entitlement to benefits.
               
               This principle was announced by SSA in SSR g3-37c, "Sections 202(d) and 216(h)(2)(A)
                  (42 U.S.C. 402(d) and 416(h)(2)(A)) Child's Insurance Benefits—Presumption of Legitimacy
                  of Child Born During Wedlock—Effect of State Court's Determination of Legitimacy in
                  Contested Divorce Case." This ruling adopts the decision of the United States Court
                  of Appeals for the Sixth Circuit in Gray  v. Richardson, 474 F.2d 1370 (6th Cir. 1973). In Gray, a child was born during a time when the husband and wife were separated The husband
                  denied paternity, but the wife alleged that the husband was the father. In a subsequent
                  divorce proceeding, the court expressly found that the child was the issue of the
                  marriage. After the wage earner died, the child's mother applied on the child's behalf
                  for Social Security benefits. The Agency denied the claim, but its decision was reversed
                  by the Court of Appeals for the Sixth Circuit. That court ruled that SSA is bound
                  by a state court decision when an issue of domestic relations is decided in a genuinely
                  contested proceeding before a state court of competent jurisdiction and the state
                  court's resolution is consistent with that of the highest court of the State. In SSR
                  8337c, SSA adopted Gray as the policy of the Social Security Administration.
               
               Under SSR 83-37c, SSA is bound by the Indiana Juvenile Court's determination about
                  the relationship between Mr. H~ and Marvella. The juvenile court had jurisdiction
                  over the relationship issue; the ease was genuinely contested, as Mr. H~ had an opposing
                  interest; and the decision is not inconsistent with any Indiana Supreme Court authority.
                  Consequently, the state court's determination that Ms. H~ was the "natural father"
                  of Marvella is binding on SSA.
               
               Once it is given that Marvella is, as a matter of law. the natural child of Mr. H~,
                  the result is fairly simple. The same state court order establishing their relationship
                  adjudicates Mr. H~ as the father and orders him to pay child support. In addition,
                  Mr. H~ acknowledged Marvella as his child in his disability application. Therefore,
                  Marvella meets the statutory standards to be determined to be Mr. H~'s "child" for
                  purposes of Social Security benefits.
               
               CONCLUSION
               For these reasons, we believe that the genetic test results would not permit the agency
                  to find that Marvella is not entitled to child's benefits.