QUESTION
               You asked whether Mark M. F~, Gilbert J. F~, and Adrian S. F~ qualify for child's
                  insurance benefits and/or disabled adult child benefits as the adopted children of
                  the deceased wage earner, David C. F~, based on an adoption in Paraná, Brazil in 1994.
               
               ANSWER
               Based on the determination of the Law Library of Congress that the adoption was valid
                  under Brazilian law, Mark, Gilbert and Adrian would be considered the adopted children
                  of the wage earner for purposes of considering their claims for child's insurance
                  benefits and/or disabled adult child benefits on his account.
               
               SUMMARY OF EVIDENCE
               The wage earner died on May 6, 2002, in the state of Arizona.
               Claimant Mark M. F~ was born on June 3, 1979 in Brazil. Mark is a resident of the
                  United States. He has applied for disabled adult child insurance benefits.
               
               Claimant Gilbert J. F~ was born on September 26, 1982 in Brazil. Gilbert became a
                  naturalized United States citizen on January 28, 1998. He is currently receiving supplemental
                  security income on his own SSN and is applying for child's insurance benefits.
               
               Adrian S. F~ was born on October 5, 1987 in Brazil. Adrian became a naturalized United
                  States citizen on June 5, 1997 and is applying for child's insurance benefits.
               
               An adoption certificate from the state of Paraná, Brazil, indicates that all three
                  claimants were adopted by the wage earner on December 12, 1994. In addition, amended
                  Brazilian birth certificates issued on December 12, 1994 for Adrian and Gilbert list
                  the wage earner as the sole parent of the claimant.
               
               ANALYSIS
               The Social Security Act provides child's insurance benefits to an otherwise qualified
                  "legally adopted child" of a deceased wage earner or wage earner entitled to disability
                  or retirement benefits. 42 U.S.C. §§ 402(d) and 416(e). The regulations provide that
                  SSA "appl[ies] the adoption laws of the State or foreign country where the adoption
                  took place, not the State inheritance laws described in § 404.355, to determine whether
                  [a claimant is] the insured's legally adopted child." 20 C.F.R. § 404.356 (2004).
               
               Accordingly, SSA looks to the adoption law of Brazil to determine if the claimants
                  were legally adopted. Consistent with the normal practice when immigration documents
                  are not available, we sent copies of the adoption documents and the available birth
                  certificates to the foreign law branch of the Law Library of Congress for a legal
                  opinion assessing the validity of the adoption under the law of Brazil.
               
               The Law Library of Congress issued an opinion on November 22, 2004, that the adoptions
                  of the claimants were duly performed under the law of Brazil. See Attachment A, November 22, 2004 Correspondence from Graciela I. R~-F~, Senior Legal
                  Specialist, to Janice L. W~, Regional Chief Counsel, Region IX.
               
               Because the adoptions were valid under the pertinent law of the foreign country where
                  the adoption took place, the claimants should be considered the insured's legally
                  adopted children for purposes of considering their claims for child's insurance benefits
                  and/or disabled adult child insurance benefits on his account.
               
               CONCLUSION
               Mark, Gilbert and Adrian should be considered the adopted children of the wage earner
                  for purposes of considering their claims for child's insurance benefits and/or disabled
                  adult child insurance benefits.