1. New Mexico Intestate Succession Law and Establishment of the
                           Parent-Child under the New Mexico Uniform Parentage Act (UPA)
                     Article 2, Part 1 of New Mexico’s Uniform Probate Code (UPC), N.M. Stat. Ann. §§ 45-2-101
                        – 45-2-122, codifies New Mexico’s law of intestate succession. Any part of a decedent’s
                        estate that is not disposed of by a will passes by intestate succession to the decedent’s
                        heirs as provided for in the UPC, which includes the decedent’s surviving spouse and
                        descendants. N.M. Stat. Ann. §§ 45-2-101(A), 45-2-103(A)(1). The UPC defines “descendant”
                        as an individual who has established a parent-child relationship with the decedent.
                        N.M. Stat. Ann. § 45-1-201(A)(9); see also N.M. Stat. Ann. § 45-1-201(A)(6) (defining “child” as “an individual entitled to
                        take as a child pursuant to the [UPC] by intestate succession from the parent whose
                        relationship is involved and excludes a person who is only a stepchild, a foster child,
                        a grandchild or any more remote descendant”). If a parent-child relationship exists
                        or is established, “the parent is a parent of the child and the child is a child of
                        the parent for the purpose of intestate succession.” N.M. Stat. Ann. § 45-2-116. The
                        UPC, however, does not set forth specific methods for establishing the parent-child
                        relationship for purposes of intestate succession. Thus, we look to New Mexico’s Uniform
                        Parentage Act (UPA), N.M. Stat. Ann. §§ 40-11A-101 – 40-11A-903, which determines
                        parentage in New Mexico for all purposes under New Mexico law, including for intestate
                        succession under the UPC.[4] See N.M. Stat. Ann. §§ 40-11A-103(A), 40-11A-203; see
                           also Estate of Swift ex rel. v. Bullington, 309 P.3d 102, 105-106 (N.M. Ct. App. 2013) (recognizing that the UPA governs determinations
                        of parentage in New Mexico, and that a parentage action could be maintained after
                        a putative father’s death).
                     
                     2. Establishment of the Father-Child Relationship, UPA Section
                           40-11A-201(B)
                     The UPA provides that the father-child relationship is established by:
                     (1) an unrebutted presumption of the man’s paternity of the child per § 40-11A-204;
                     (2) an effective acknowledgment of paternity by the man pursuant to Article 3 of the
                        UPA, unless the acknowledgment has been rescinded or successfully challenged;
                     
                     (3) an adjudication of the man’s paternity;
                     (4) adoption of the child by the man; or
                     (5) the man’s having consented to assisted reproduction by a woman pursuant to Article
                        7 of the UPA that resulted in the birth of the child.
                     
                     N.M. Stat. Ann. § 40-11A-201(B)(1)-(5). Under the evidence provided here given the
                        New Mexico State Court Case, the paternal grandparent DNA report, and the new birth
                        certificate, the only relevant method to establish the father-child relationship between
                        the NH and the Claimant is an adjudication of the man’s paternity.[5] See N.M. Stat. Ann. § 40-11A-201(B)(3). We next consider the evidence provided with the
                        UPA provisions regarding adjudications of paternity.
                     
                     3. Adjudication of Paternity, UPA Sections 40-11A-601 –
                           40-11A-643
                     Here, the New Mexico State Court Case involves proceedings to adjudicate paternity
                        and child support with regard to both J1~,the NH, and the Claimant. Article 6 of the
                        UPA sets forth the law regarding proceedings to adjudicate parentage. See N.M. Stat.
                        Ann. §§ 40-11A-601 – 40-11A-643. The UPA authorizes civil proceedings to adjudicate
                        the parentage of a child in a district court that has personal jurisdiction. See N.M. Stat. Ann. §§ 40-11A-601, 40-11A-604.
                     
                     The UPA also authorizes court proceedings to adjudicate child support obligations.
                        See N.M. Stat. Ann. §§ 40-11A-607(A), 40-11A-639(A). District courts have powers to enter
                        orders adjudicating paternity and may enter judgments and orders addressing a variety
                        of issues involving parents and children, including orders for child support. See N.M. Stat. Ann. § 40-11A-636(A), (G). Here, in determining the NH’s status as the
                        Claimant’s parent, we consider the New Mexico State Court Case that relates to J1~’s
                        father-child relationship with the Claimant and the NH’s father-child relationship
                        with the Claimant. See
                           State of New Mexico, (HSD) and R~ v. J1~, No. XXX, Second Judicial District Court, County of Bernalillo, State of New Mexico.[6]
                     R~ was not married at the time of the Claimant’s birth on June XX, 2010. If the child’s
                        mother is unmarried, New Mexico law requires that the father complete an acknowledgement
                        of paternity in order to be entered on the child’s birth certificate as the child’s
                        father (unless there is a court determination of paternity). N.M. Stat. Ann. § 24-14-13(E),
                        (F). The Claimant’s original birth certificate, which was provided to SSA, lists J1~
                        as the Claimant’s father and the Claimant’s last name as J1~’s last name. Thus, consistent
                        with New Mexico law and R~’s statements to the agency, it is our understanding that
                        J1~, who was in a relationship with R~ when the Claimant was born, completed such
                        an acknowledgment of paternity.
                     
                     The online docket for the New Mexico State Court Case shows that in 2015, R~ and the
                        State’s child support-enforcement agency were petitioners in this child support proceeding
                        filed in district court with J1~ as the respondent.[7] The online docket reflects that the court ordered J1~ to pay child support for the
                        Claimant presumably based upon the acknowledgment of paternity, consistent with New
                        Mexico law. See N.M. Stat. Ann. § 40-11A-305(A) (a valid acknowledgment of paternity filed with the
                        bureau is equivalent to an adjudication of paternity of a child); N.M. Admin. Code
                        8.50.107.8(G) (“[a] determination of parentage is necessary for the establishment
                        of child support” and if a child has an acknowledged, presumed, or adjudicated father,
                        then parentage has been determined and the state agency will pursue the establishment
                        of support on behalf of or against the parent), 8.50.108.8 (if parentage has been
                        determined, and there is no support order in existence, the state agency will pursue
                        the establishment of a support order); see also Human Services department, Child Support Enforcement
                           Division v. Toney, 444 P.3d 1074, 1080 (N.M. Ct. App. 2019) (finding that the unchallenged acknowledgment
                        of paternity was the functional equivalent of an adjudication of paternity,and the
                        UPA authorizes district courts to order retroactive child support when an acknowledgment
                        of paternity has established the parent-child relationship).
                     
                     In this same New Mexico State Court Case, the online docket indicates that after the
                        NH died in May 2018, both R~ and J1~ sought to have J1~ removed from the Claimant’s
                        birth certificate and the NH declared to be the Claimant’s father on his birth certificate.
                        New Mexico law requires a court order determining paternity to issue a new birth certificate
                        identifying a new father and the law requires a court order to change a child’s last
                        name on the birth certificate.[8] See N.M. Stat. Ann. §§ 24-14-17(A)(2) (new birth certificate following paternity
                        determination), 24-14-25(B) (amendment to name on a birth certificate upon receipt
                        of court order changing name), 40-8-1 (petition and order required for name change),
                        40-11A-636(E), (F) (order to issue amended birth certificate consistent with order
                        adjudicating parentage), 40-11A-643 (the new birth certificate reflecting the adjudication
                        of parentage is a substitute for the original birth certificate); N.M. Admin. Code
                        7.2.2.17(D) (amendments to birth certificates). In general, if a proceeding to adjudicate
                        parentage is brought in court, the district court is required to issue an order adjudicating
                        whether a parent alleged or claiming to be the parent is the child’s parent. N.M.
                        Stat. Ann. § 40-11A-636(A). The order adjudicating parentage must identify the child
                        by name and date of birth. N.M. Stat. Ann. § 40-11A-636(B). The court may order that
                        the name of the child be changed and if so, require the issuance of a new birth record,
                        if the existing one is at odds with the adjudication. N.M. Stat. Ann. §§ 40-11A-636(E),
                        (F), 40-11A-643.
                     
                     In the New Mexico State Court Case, after various unsuccessful filings by R~ and J1~
                        in 2018, in which the court denied a motion for paternity testing, found that paternity
                        had already been adjudicated, and denied a motion to disestablish J1~'s paternity,
                        the online docket shows that in May 2019, the State filed a motion to amend/modify
                        child support and to update judgment. On June XX, 2019, the online docket shows that
                        R~ again filed an “Emergency Motion to Remove J1~ from L~'s Birth Certificate and
                        Add Biological Father’s Name and Child’s Name Change.” Docket entries reflect that
                        on September XX, 2019, a hearing was held “on motion to remove/add name on birth certificate
                        and child’s name change” and “on motion to update judgment.” Further, the docket shows
                        that a domestic relations hearing officer report was filed on September XX, 2019,
                        and that “[Respondent’s (J1~'s)] Paternity Disestablished.” On October XX, 2019, the
                        court entered an order approving hearing officer’s report and the child support case
                        was closed. R~ provided a copy of the new birth certificate issued in October 2019,
                        changing the Claimant’s father from J1~ to the NH and changing his last name from
                        J1~'s last name to the NH’s last name.
                     
                     Thus, although we do not have copies of the September 2019 hearing officer’s report
                        or the October 2019 court order to view the court’s exact language, given New Mexico
                        law discussed above requiring court orders to make such changes to birth certificates,
                        it would appear from the 2019 case filings and docket entries, particularly the one
                        expressly noting that J1~’s paternity was disestablished, and the issuance of a new
                        birth certificate for the Claimant that these final 2019 orders both disestablished
                        J1~'s paternity and established the NH’s paternity of the Claimant. Therefore, even though we do not
                        have the September 2019 hearing officer’s report and the October 2019 court order,
                        the law and evidence indicates that a state court has adjudicated the NH to be the
                        Claimant’s father. See N.M. Stat. Ann. 40-11A-201(B)(3).
                     
                     In addition to the evidence from the New Mexico State Court Case and the birth certificates,
                        R~ has also provided DNA testing in support of her claim that the NH is the Claimant’s
                        father. It is unclear whether the October 2018 paternal grandparent DNA report provided
                        to SSA was the basis for the 2019 court order. However, we do know that New Mexico
                        law requires genetic testing results to determine a man to be a child’s father where
                        the child already has an acknowledged or adjudicated father, such was the case here
                        with J1~. See N.M. Stat. Ann. § 40-11A-631(A) (the paternity of a child having a presumed,
                        acknowledged, or adjudicated father may be disproved only by admissible results of
                        genetic testing excluding that man as the child’s father or identifying another man
                        as the child’s father). The man identified as the child’s father by the genetic tests
                        shall be adjudicated to be the child’s father, and the man excluded as the child’s
                        father by genetic tests shall be adjudicated not to be the child’s father. N.M. Stat.
                        Ann. § 40-11A-631(D). Given that J1~ was either the Claimant’s acknowledged or adjudicated
                        father, the court would have had to have relied on the paternal grandparent DNA report
                        (or other genetic testing establishing the NH as the father) to adjudicate that the
                        NH was the Claimant’s father.
                     
                     This paternal grandparent DNA report appears to comply with New Mexico law regarding
                        genetic testing in paternity proceedings. See N.M. Stat. Ann. §§ 40-11A-501 – 40-11A-511 (UPA provisions governing genetic testing).
                        New Mexico law allows for genetic testing of a man’s relatives, including his parents,
                        if his specimen is not available. N.M. Stat. Ann. § 40-11A-508(A). Here, the paternal
                        grandparent DNA report reflects that specimen from the NH’s father J3~ was tested.
                        The genetic testing must be the type reasonably relied on by experts in the field
                        of genetic testing and performed in an accredited testing laboratory and meet other
                        certain requirements. N.M. Stat. Ann. § 40-11A-503(A). Here, the paternal grandparent
                        DNA Report reflects that “Testing performed and report generated at Laboratory Corporation
                        of America. Laboratory Corporation of America is accredited by the AABB.” The report
                        of genetic testing must be in a record and signed under penalty of perjury by a designee
                        of the testing laboratory. N.M. Stat. Ann. § 40-11A-504(A). Here, the paternal grandparent
                        DNA report was in a record and signed under penalty of perjury by M~, authorized by
                        Laboratory Corporation of America to execute the report. Further, the laboratory’s
                        documentation must establish a reliable chain of custody by including: (1) the names
                        and photographs of the persons whose specimens have been taken; (2) the names of the
                        persons who collected the specimens; (3) the places and dates the specimens were collected;
                        (4) the names of the persons who received the specimens in the testing laboratory;
                        (5) the dates the specimens were received; and (6) the accreditation of the testing
                        facility. N.M. Stat. Ann. § 40-11A-504(B). Here, the documentation shows the names
                        and photographs of the Claimant and J3~; shows that S~ collected the specimens at
                        LabCorp on September XX, 2018, from J3~ and on September XX, 2018, from the Claimant;
                        shows that A~ received the Claimant’s specimen and another individual (whose signature
                        is illegible) received J3~'s; and that the LabCorp testing facility is accredited
                        by the AABB. Finally, the law provides that results of genetic testing that complies
                        with the UPA showing that a man has at least a 99 percent probability of paternity
                        and a combined paternity index of at least 100 to 1 rebuttably identifies the man
                        as the child’s father. N.M. Stat. Ann. § 40-11A-505. Here, the genetic testing results
                        showed a probability of grandpaternity of 99.99% and that the likelihood of grandpaternity
                        was 96,823 to 1. Further, the report concludes: “This study supports the allegation
                        that a son of the grandfather is the biological father of the child.” Thus, the paternal
                        grandparent DNA report appears to substantially comply with New Mexico law and further
                        supports of the NH’s parent-child relationship with the Claimant.[9] Indeed, as noted, it is likely that the court considered this DNA evidence in disestablishing
                        J1~’s paternity and establishing the NH’s paternity in the New Mexico State Court
                        Case.
                     
                     In summary, although we do not have copies of the September 2019 hearing officer report
                        and October 2019 court order themselves in this New Mexico State Court Case, in light
                        of the docket entries for the 2019 orders reflected on the online docket, copies of
                        the motion and order filed earlier in the case, the paternal grandparent DNA report,
                        and the birth certificates (both the original and the newly issued one in 2019), it
                        would appear that this court adjudicated the NH to be the Claimant’s father consistent
                        with New Mexico law. Considering the totality of the evidence, we believe there is
                        legal support for the agency to find that the NH has been adjudicated to be the Claimant’s
                        father and therefore, has established the father-child relationship and the right
                        to inherit from the NH as his descendant under intestate succession law. See N.M.
                        Stat. Ann. §§ 40-11A-201(B)(3) (the father-child relationship is established between
                        a man and a child by an adjudication of the man’s paternity), 45-2-101(A) (any part
                        of a decedent’s estate not disposed of by will passes by intestate succession to the
                        decedent’s heirs), 45-2-103(A)(1) (any part of the intestate estate not passing to
                        the surviving spouse passes to the decedent’s descendants), § 45-1-201(A)(9) (a “descendant”
                        is an individual who has established a parent-child relationship with the decedent),
                        § 45-2-116 (if a parent-child relationship exists or is established, “the parent is
                        a parent of the child and the child is a child of the parent for the purpose of intestate
                        succession”).
                     
                     4. SSR 83-37c: The State Court Adjudication Does Not Bind the Agency
                           
                     Finally, consistent with Social Security Ruling (SSR) 83-37, we consider whether this
                        state court adjudication of parentage is binding on the agency by considering certain
                        factors (the Gray factors): (1) whether a State court of competent jurisdiction has
                        determined an issue in a claim for Social Security benefits; (2) whether parties with
                        opposing interests genuinely contested the issue before the State court; (3) whether
                        the issue falls within the general category of domestic relations law; and (4) whether
                        the State court’s resolution is consistent with the law enunciated by the State’s
                        highest court. See
                           SSR 83-37c (adopting Gray v. Richardson, 474 F.2d 1370 (6th Cir. 1973) as national policy); see also POMS GN 00306.015(B)(2) (providing that when determining a child’s relationship under state law, where
                        the evidence includes a state court decision on the issue, SSA is not necessarily
                        bound by the court decision; referring the agency to SSR 83-37c for the applicable
                        criteria of Gray v. Richardson).
                     
                     As to the first and third Gray factors, the New Mexico State Court Case order satisfies these Gray factors because a state district court has jurisdiction to adjudicate paternity and
                        order changes to birth certificates as to the father and last name changes, and the
                        NH’s paternity of the Claimant is the issue in this claim for child’s insurance benefits
                        on the NH’s record. See N.M. Stat. Ann. §§ 40-8-1, 40-11A-104, 40-11A-636, 40-11A-643.
                        The issue of parentage falls within the general category of domestic relations law.
                        Thus, the first and third Gray factors appear satisfied.
                     
                     As to the second Gray factor, while it is clear from the online docket for the New Mexico State Court Case
                        that J1~'s paternity of the Claimant was contested, we are unable to say with certainty
                        that the NH’s paternity as to the Claimant was genuinely contested within the proceedings
                        in the New Mexico State Court Case. Accordingly, we are unable to determine whether
                        the second Gray factor was met.
                     
                     As to the fourth Gray factor, and as explained above, because we do not have copies of the September 2019
                        hearing officer report and October 2019 court order, it is unknown if the orders disestablishing
                        J1~'s paternity and adjudicating the NH’s paternity of the Claimant comply with all
                        of the specific New Mexico statutory provisions regarding adjudications of parentage.
                        See N.M. Stat. Ann. §§ 40-11A-601 – 40-11A-643. However, as set out above, we do know
                        that district courts are authorized to make these paternity adjudications based upon
                        genetic testing and to order changes to birth certificates consistent with such paternity
                        determinations. Thus, although we do not have a copy of the underlying orders themselves
                        in this New Mexico State Court Case, in light of the entries for the 2019 orders reflected
                        on the online docket, the paternal grandparent DNA report, the Claimant’s original
                        birth certificate and the Claimant’s new birth certificate identifying the NH as his
                        father, it would appear that this court adjudicated the NH to be the Claimant’s father
                        in a manner consistent with New Mexico law. Without the full court documents, we are
                        unable to determine with certainty whether this fourth Gray factor was met.
                     
                     Although the state court’s orders are not binding on the agency given the uncertainties
                        as to the second and fourth Gray factors, we believe the agency may reasonably rely upon the 2019 orders, along with
                        the full online docket for the New Mexico State Court Case, the paternal grandparent
                        DNA report, and the new birth certificate naming the NH to be the Claimant’s father,
                        in finding the Claimant to be the NH’s child for purposes of his application for child’s
                        insurance benefits on the NH’s record.[10] See Hanson v. Astrue, 733 F.Supp.2d 214, 218 (D. Mass. 2010) (“It would not be inconsistent with [SSR
                        83-37c] for the Commissioner to follow a state adjudication even though fewer than
                        all the conditions were met, subject to bounds of reason and good faith.”).
                     
                     5. The Effective Date of the Parent-Child Relationship
                     You have asked when the parent-child relationship between the NH and the Claimant
                        began. Agency policy distinguishes among legitimate, illegitimate, and legitimated
                        children and provides for differences in the effective date of the parent-child relationship
                        based on the child’s status. See POMS GN 00306.001(H) (defining “illegitimate child”), (M) (defining “legitimate child”), (N) (defining
                        “legitimizing event”), GN 00306.050(A)(3) (“a child legitimated after birth is considered to be legitimate from birth”),
                        GN 00306.055(A)(1) (distinguishing between a legitimated child and an illegitimate child with
                        inheritance rights), (3) (“An act/event conferring inheritance rights generally has
                        effect only from the date of such act/event. . . . If a provision . . . shows that
                        a State law confers inheritance rights based on an adjudication of paternity (but
                        does not legitimate the child), and the provision is effective prospectively only,
                        the claimant’s status as the NH’s child is established effective with” the dates of
                        the evidence submitted.). However, New Mexico law does not use the terms legitimate
                        or illegitimate or provide a mechanism for legitimating a child. Once the parent-child
                        relationship is established under New Mexico law, the effective date of the parent-child
                        relationship is established as of the child’s birth regardless of the parents’ marital
                        status and regardless of the method or type of evidence establishing the parent-child
                        relationship.[11] See N.M. Stat. Ann. §§ 40-11A-103(A) (the New Mexico UPA applies to determinations of
                        parentage in New Mexico), 40-11A-202 (“A child born to parents who are not married
                        to each other has the same rights pursuant to the law as a child born to parents who
                        are married to each other.”), 40-11A-203 (“a parent-child relationship established
                        pursuant to the New Mexico [UPA] applies for all purposes”), 45-2-116 (“if a parent-child
                        relationship exists or is established” under the Uniform Probate Code, “the parent
                        is a parent of the child and the child is a child of the parent for purposes of intestate
                        succession”), 45-2-117 (“a parent-child relationship exists between a child and the
                        child’s genetic parents, regardless of the parents’ marital status”). Thus, as the
                        Claimant has established a parent-child relationship with the NH under New Mexico
                        law, this relationship began with the Claimant’s date of birth, June XX, 2010.