For the reasons discussed below, we believe the Court Decree from the Republic of
Palau, which the agency has authenticated, documents that the claimant is the legally
adopted child of the NH under Palau law as of January XX XXXX. Accordingly, the agency
could recognize the claimant to be the legally adopted child of the NH for purposes
of entitlement to child’s insurance benefits under Title II of the Act
Background
The claimant was born on January XX, XXXX. See Birth Certificate. On January XX, XXXX, the Court of Common Pleas, Republic of Palau
entered an adoption decree regarding the claimant. The Decree stated that the claimant’s
biological mother consented and agreed to a request for adoption by petitioners, the
NH.[1] See 1/XX/XX Decree. Further, the Decree stated that the consent of the claimant’s biological
father was not required pursuant to Palau law, because he had abandoned the claimant
for a period of over six months. Id. The Court determined that it was in the best interests of the claimant that she
be adopted by the petitioners. Id. As relevant here, the Decree also provided:
(1) The rights of the biological parents of the claimant were terminated;
(2) The claimant was declared adopted by the petitioners, who were to treat her as
their minor child in all respects, and hold the legal relationship of parents and
child, and who would have all the rights and be subject to all of the duties of that
relationship;
(3) The claimant would inherit from the petitioners the same as if she was the natural
child of the petitioners, except in the case of real property, as the claimant was
not a Palauan citizen; and
(4) The claimant needed to maintain her Yap State, Federated States of Micronesia
(FSM) Passport, as she was not a Palauan citizen, and therefore could not obtain a
Palauan passport.
See id. The NH became entitled to retirement benefits as of October 20XX. See 11/XX/XX Notice of Award. On January XX, XXXX, the claimant filed an application
for child’s insurance benefits on the NH’s record. See 1/XX/XX Application. Both the NH and the claimant are presently residing in Palau.
Analysis
Federal Law
To be entitled to child’s insurance benefits under the Act, a claimant must show,
among other things, that she is the “child” of the insured as defined in section 216(e)
of the Act. 42 U.S.C. § 402(d)(1).[2] 20 C.F.R. § 404.350. As relevant here, Section 216(e) defines “child” as the “child
or legally adopted child of an individual.” 42 U.S.C. § 416(e). In order to determine
whether the applicant is the insured’s legally adopted child, the agency applies the
adoption laws of the State or foreign country where the adoption took place (not the
State’s inheritance laws). 20 C.F.R. § 404.356, POMS GN 00306.155.C. The agency will ask for a copy of the birth certificate made following the adoption,
or if that is unavailable, other evidence of the adoption. 20 C.F.R. § 404.733. In
cases of foreign adoptions, POMS GN 00307.220.B provides that an adoption decree is
sufficient evidence of a legal adoption.[3]
Validity of Adoption Under Palau
Law
Our discussion of Palau’s adoption law is based on information we received from the
Law Library of Congress. See Palau: Adoption, Report for U.S. Social Security Administration, LL File No. 2019-017871
(June 2019) (LOC Report).
The NH’s adoption of the claimant took place in Palau, thus the agency looks to the
laws of Palau to determine the validity of the adoption. 20 C.F.R. § 404.356 (“We
apply the adoption laws of the State or foreign country where the adoption took place
. . . to determine whether you are the insured’s legally adopted child.”).
The Republic of Palau has a mixed legal system that combines elements from the U.S.,
including concepts from the American common‑law system, with customary or traditional
law. See LOC Report, p. 1. In 1985, the Republic of Palau adopted the Palau National Code,
which consolidated statutes originating from common-law concepts, and also provided
for recognition of customary law. Id. Thus, a child may be adopted through a court proceeding or pursuant to custom. Id. As relevant here, if a child is adopted through a court proceeding, the adoption
can be evidenced by the decree issued by the Court. Id.
In order to obtain an adoption by court proceeding, the petitioners must provide the
written consent of, or notice to, each of the known living legal parents, unless they
have been declared incompetent, or abandoned the child for at least six months. See LOC Report, p. 3.[4] The child being adopted must appear before the court, and the adoption is only granted
if the court finds that it is in the best interests of the child. Id. at p. 3. The effect of the adoption decree is to place the adopted child and the
adopting parents in the legal relationship of parent and child, and to create all
the rights and duties that follow from that relationship. Id. at p. 4. The decree also abolishes the rights and duties of the natural parents.
Id. The decree is subject to appeal, and becomes final once the time for appeal has
run or the appeal has been adjudicated. Id.
Here, the NH and Mr. XX obtained a Court decree evidencing a valid adoption. See Decree. The Decree expressly provided that the claimant’s biological mother consented
to the adoption, and her biological father’s consent was not required because he had
abandoned the claimant for a period of over six months. Id. The Decree indicates that the claimant appeared before the Court, and the Court
found that the adoption was in her best interest. Id. In addition, the Decree stated that the parties were in the legal relationship of
parents and child, with all duties of that relationship, and the claimant would inherit
personal property in the same manner as a natural child. Id.
The Court’s Decree therefore confirmed that the parties met the requirements for obtaining
a valid adoption by court proceeding under Palau law. Accordingly, the agency could
reasonably determine that the claimant is the NH’s legally adopted child under the
criteria of the Act, for purposes of entitlement to child’s insurance benefits.[5]
CONCLUSION
We believe the claimant is the legally adopted child of the NH for purposes of entitlement
to child’s insurance benefits under Title II of the Act. The claimant provided a Court
Decree from the Republic of Palau, which the agency has authenticated, that documents
a valid legal adoption as of January XXXX. Therefore, the agency could recognize the
claimant to be the legally adopted child of the NH for purposes of entitlement to
child’s insurance benefits under Title II of the Act.