This memorandum is in response to your request for an opinion regarding the validity
                  of an adoption of a person over the age of twenty-one in Connecticut, for the purposes
                  of establishing entitlement to Childhood Disability Benefits on the record of the
                  adoptive father. For the reasons discussed below, we believe that the adoption in
                  this case is likely valid, provided certain assumptions based on the information received
                  are correct.
               
               BACKGROUND
               The applicant, Vincent, was born on October in Port Chester, New York. Vincent is
                  the biological child of Danielle, deceased, and Joseph, whereabouts unknown.  On June
                  11, 2004, Roger father of Danielle and grandfather of Vincent, received immediate
                  temporary custody of Vincent by the Connecticut Probate Court. On February 13, 2013,
                  Roger adopted Vincent, who was twenty-four years old on that date.  The adoption took
                  place in Connecticut, where Roger and Vincent live. 
               
               Vincent is currently receiving Supplemental Security Income benefits and is eligible
                  for Childhood Disability Benefits on his biological mother’s record, with an onset
                  date of July 11, 2003.  Roger, who receives retirement/old age benefits, has applied
                  for auxiliary child benefits on Vincent’s behalf. Vincent would receive a higher benefit
                  on Roger’s record than he is currently receiving.
               
               Analysis
               Under the Social Security Act, a child is entitled to Childhood Disability Benefits
                  on the earnings record of an insured person who is entitled to old-age or disability
                  benefits or who has died if the child meets five criteria. Social Security Act § 202(d)(1),
                  42 U.S.C. § 402(d)(1); 20 C.F.R. § 404.350(a). Specifically, the child must (1) be
                  the insured person’s child, based on a relationship defined in 20 C.F.R. sections
                  404.355 through 404.359; (2) be dependent upon the insured person, as defined in 20
                  C.F.R. sections 404.360 through 404.365; (3) apply; (4) be unmarried; and (5) be under
                  age eighteen, have a disability that began before age twenty-two, or qualify as a
                  full-time student. 20 C.F.R. § 404.350(a). 
               
               In this case, the applicant meets criterion (3) because he has applied for Childhood
                  Disability Benefits on his adoptive father’s (grandfather) record. He also meets criterion
                  (5) because he has previously established that he has been disabled since July 11,
                  2003, prior to his twenty-second birthday.  The information provided does not specify
                  whether the applicant is married, although it appears that the applicant lives with
                  his adoptive father. Assuming the applicant is unmarried, he satisfies criterion (4).
               
               As an adopted child, whether the applicant meets criterion (2) depends on whether
                  he was legally adopted by the number holder (his grandfather) before or after the
                  number holder became entitled to benefits. 20 C.F.R. § 404.362.  The information provided
                  does not specify Roger’s age; however, the fact that he filed for auxiliary child
                  benefits and adopted Vincent on the same day – February 13, 2013 – suggests that Roger
                  adopted Vincent after Roger became entitled to old-age benefits. If Vincent was adopted
                  by Roger before Roger became entitled to old-age benefits, he automatically meets
                  criterion (2). 20 C.F.R. § 404.362(a).  Additionally, Vincent is not Roger’s natural
                  child or step-child and was over age eighteen when adoption proceedings started. 
                  Assuming Vincent was adopted after Roger became entitled to benefits, Vincent likely
                  meets criterion (2) because the information provided suggests that Vincent has lived
                  with Roger since Roger obtained temporary custody of Vincent in 2004, and, thus, that
                  Vincent was living with Roger for the year immediately preceding the month in which
                  his adoption was issued. If Vincent was not living with Roger for the year preceding
                  the month in which he was adopted, he will still meet criterion (2) if he was receiving
                  at least one-half of his support, as defined in 20 C.F.R. § 404.366, from Roger during
                  the year immediately preceding the month in which his adoption was issued. 20 C.F.R.
                  § 404.362(b)(ii). This section also requires that the adoption be issued by a court
                  of competent jurisdiction within the United States, which is the case here, as Vincent’s
                  adoption was issued by the Connecticut Probate Court. Thus, if the adoption is valid,
                  Vincent likely satisfies the dependency requirement in criterion (2). 
               
               The remaining issue is whether the Vincent is Roger’s child as required by criterion
                  (1). The regulations at 20 C.F.R. § 404.356 provide that a legally adopted child qualifies
                  as the child of the number holder.  This section further explains that, in determining
                  whether the child was legally adopted, the Commissioner applies the adoption laws
                  of the state where the adoption took place.
               
               Because the adoption in this case took place in Connecticut, this adoption must be
                  analyzed under Connecticut law. Connecticut’s adoption statute provides:
               
               Any person eighteen years of age or older may, by written agreement with another person
                  at least eighteen years of age but younger than himself or herself, unless the other
                  person is his or her wife, husband, brother, sister, uncle or aunt of the whole or
                  half-blood, adopt the other person as his or her child, provided the written agreement
                  shall be approved by the court of probate for the district in which the adopting parent
                  resides . . . .
               
               Conn. Gen. Stat. § 45a-734(a). Following a hearing at which the court finds that the
                  adoption is for the welfare of the adopted person and the public interest, the court
                  will issue an order of approval and record the agreement and order. Id. at § 45a-734(b). Upon the order approving the agreement, the adopted person becomes
                  the legal child of the adopting person. Id. Section 45a-734(c) governs adoption by a married person; however, there is no indication
                  in the information provided that Roger is married.
               
               In this case, Roger adopted his biological grandson, Vincent, who was over eighteen
                  at the time of the adoption. In the Order of Adoption, the probate court judge made
                  specific findings that Vincent was at least eighteen years of age and younger than
                  Roger, who was also over eighteen years of age, and that Vincent was not Roger’s wife,
                  husband, brother, sister, uncle, or aunt of the whole or half-blood.  Although the
                  information provided does not include an Agreement of Adoption, the order references
                  such an agreement several times.  The order also includes a finding that approval
                  of the agreement will be for the welfare of the adopted person, Vincent, and for the
                  public interest.  Presuming that these findings are reasonable and that the probate
                  court would not have issued the order of adoption if the case did not meet the requirements
                  of the statute, it appears that the applicant’s adoption is valid. 
               
               CONCLUSION
               The applicant is entitled to Childhood Disability Benefits on the record of his adoptive
                  father if he is unmarried, lived with his adoptive father for the year immediately
                  preceding the month in which his adoption was issued, and his adoption was valid under
                  Connecticut law. Assuming that Vincent is unmarried and has lived with Roger since
                  Roger received temporary custody, and that the Connecticut Probate Court approved
                  a proper Agreement of Adoption, Vincent is Roger’s legally adopted child and, thus,
                  entitled to Childhood Disability Benefits on Roger’s record.
               
               Frank Cristaudo
 Regional Chief Counsel, Region VIII
               
               By ________________ 
 Molly E. Carter
 Assistant Regional Counsel