TN 51 (04-26)

PR 01310.022 Maine

A. PR 26-003 Child Status for Child’s Insurance Benefits: Maine Law – Adult Adoption

Date: April 15, 2026

1. Syllabus

Maine permits adult adoptions.

2. Opinion

QUESTION PRESENTED

P~ (NH) is entitled to disability insurance benefits effective February 2024. M~ (Claimant) filed an application for child’s insurance benefits on the NH’s record as a disabled adult child. The NH, who married the Claimant’s father in 2012, adopted the Claimant on July XX, 2022, when the Claimant was 29 years old. The adoption took place in Maine. As evidence, the Claimant provided a final decree of adoption issued by a probate court in Maine. You asked whether the Claimant is the NH’s legally adopted child under the Social Security Act (Act) for purposes of determining her entitlement to Title II child’s benefits on the NH’s record.[1]

ANSWER

In determining whether she is entitled to child’s insurance benefits on the NH’s record as a disabled adult child, we believe there is legal support for the agency to find that the Claimant is the NH’s legally adopted child under the Act based on the Maine probate court’s final decree of adoption. This final decree of adoption complies with Maine’s adoption laws, which allow for adult adoption. The adoption was effective on July XX, 2022.

BACKGROUND

The NH is entitled to disability insurance benefits effective February 2024. The Claimant filed an application for child’s insurance benefits on the NH’s record as a disabled adult child.

The Claimant was born on March XX, 1993. She turned 18 on March XX, 2011 and is presently 33 years old. The Claimant’s birth parents are M1~ (Claimant’s Father) and I~ (Claimant’s Biological Mother). The Claimant’s Father married the NH on February XX, 2012. A Maine court document shows that on July XX, 2013, the NH and the Claimant’s Father were appointed guardians of the Claimant, who was age 20 at the time. They were all living together in Maine. The NH adopted the Claimant on July XX, 2022, when the Claimant was 29 years old. The adoption took place in Maine.

The Claimant provided the following court documents from the Maine adoption case: In the Matter of the Adoption Petition of M~, Probate Court, Cumberland County, State of Maine:

• The Claimant and the Claimant’s Father, as her guardian, signed a “Consent of Person (12 Years Old or More) To Be Adopted 18-C M.R.S. § 9-302” on July XX, 2022. The Claimant acknowledged that the court informed her of the existence of the adoption registry and the services available under Me. Rev. Stat. Ann. tit. 22, § 2706-A. She consented to the adoption by the petitioners, the NH and Claimant’s Father.

• The probate court judge signed the “Findings and Decree of Adoption of Child 18-C M.R.S. § 9-308” (Adoption Decree) on July XX, 2022. The court decreed: “Wherefore, I decree that said petition be granted, that from the date of this decree said adoptee is the child of petitioner’s [the NH] and [the Claimant’s Father]. I further decree that the name of said adoptee remain [the Claimant] without requiring public notice of such change.”

ANALYSIS

A. Federal Law: Status as a Legally Adopted Child for Child’s Insurance Benefits

Under Title II of the Act, a claimant may be entitled to child’s insurance benefits on the record of an insured individual who has died or an individual who is entitled to old-age or disability benefits if, among other things, the claimant is the individual’s child. See 42 U.S.C. § 402(d)(1); 20 C.F.R. §§ 404.350(a)(1), 404.354; see also POMS RS 00203.001. [2] The Act and regulations define “child” as an insured individual’s natural child, legally adopted child, stepchild,[3] grandchild, step grandchild, or equitably adopted child. See 42 U.S.C. § 416(e); 20 C.F.R. §§ 404.354 – 404.359; see also POMS GN 00306.002. Given the circumstances of their relationship and the evidence provided, you have asked whether the Claimant is the NH’s legally adopted child.[4]

To determine whether a claimant is a legally adopted child, the agency applies the adoption laws of the State or foreign country where the adoption took place (not the State inheritance laws described in § 404.355). See 20 C.F.R. § 404.346; see also POMS GN 00306.135. Here, the adoption took place in Maine on July XX, 2022, when the Claimant was 29 years old. Thus, we apply Maine law to determine if the Claimant is the NH’s legally adopted child.

B. Maine Adoption Law: Maine Law Permits Adult Adoptions

1. Statutory Requirements for a Legal Adoption

Maine’s adoption statutes must be strictly followed. Adoption of Parker, 185 A.3d 51, 56 (Me. 2018) (“the procedural prerequisites for adoption are rigorous and must be strictly followed”). Maine’s adoption statutes are found in the Maine Adoption Act, which is located within the Probate Code, Me. Rev. Stat. Ann. tit. 18-C, §§ 9-101 – 9-404.[5] Probate courts have jurisdiction over adoptions. Me. Rev. Stat. Ann. tit. 18-C, § 9-103. Spouses may jointly “petition the court to adopt a person, regardless of age, and to change that person’s name.” Me. Rev. Stat. Ann. tit. 18-C, § 9-301; see also Me. Rev. Stat. Ann. tit. 18-C, § 9-303 (the petition for adoption must be sworn to by the petitioner and must include certain identifying information about the petitioner(s) and adoptee). Thus, Maine permits adult adoptions. See Me. Rev. Stat. Ann. tit. 18-C, § 9-301; see also In re Adoption of Patricia S., 976 A.2d 966, 971 (Me. 2009) (construing a prior version of this statute and finding that the “regardless of age” language “makes clear that the statute also governs adult adoptions”).

The statutory procedures for adoption are found at §§ 9-301 – 9-316. We focus only on the procedures and requirements relevant to an adult adoption given the facts of the present matter. Before an adoption is granted, written consent to the adoption must be given by the adoptee, if the adoptee is 12 years of age or older. Me. Rev. Stat. Ann. tit. 18-C, § 9-301(1)(A). Consent to adopt is not required of a parent of an adoptee who is 18 years of age or older. Id. at § 9-301(1)(B), (2). The court shall interview an adoptee who is 12 years of age or older to determine the adoptee’s attitudes and desires about the adoption and other relevant issues. Id. at § 9-305(1).

The court shall grant a final decree of adoption following a hearing (unless waived) if the court is satisfied from the hearing or record that all necessary consents, relinquishments or terminations of parental rights have been duly executed and filed with the court; the petitioner is a suitable adopting parent and desires to establish a parent-child relationship with the adoptee; the best interest of the adoptee is served by the adoption; and all requirements of the Maine Adoption Act have been met. Me. Rev. Stat. Ann. tit. 18-C, § 9-308(1). The court shall enter its findings in a written final decree that includes the new name of the adoptee. Id. at § 9-308(3). The final decree must order that from the date of the decree the adoptee is the child of the petitioner and must be accorded status set forth in § 9-105, which provides that an adopted person has all the same rights that a child born to the adoptive parents would have. Id. at §§ 9-105, 9-308(3). An order granting the adoption of the child by the petitioner divests the parent and child of all legal rights, powers, privileges, immunities, duties and obligations to each other as parent and child, except an adoptee inherits from the adoptee’s former parents if provided in the adoption decree. Id. at § 9-308(6)(A).

2. Application of the Law to the Claim

In accordance with Maine law, the documents show that the NH and the Claimant’s Father, who were married and residents of Maine and who had been appointed guardians of the Claimant in 2013, jointly petitioned a probate court in Maine to adopt the Claimant, who was an adult at the time of the adoption in 2022. See Me. Rev. Stat. Ann. tit. 18-C, §§ 9-103, 9-301, 9-303. As required, the Claimant and the Claimant’s Father provided written consent to the adoption. See Me. Rev. Stat. Ann. tit. 18-C, § 9-301(1)(A). In the Consent, the Claimant acknowledged that the court informed her of the existence of the adoption registry and the services available under Me. Rev. Stat. Ann. tit. 22, § 2706-A. In the Adoption Decree, the probate court stated that a hearing was held on the adoption petition. The court stated that all necessary consents, releases or terminations of parental rights had been executed and filed. The court stated that an adoption study was not required. All required notices had been served. The court found the petitioners to be suitable adopting parents with the desire to establish a parent-child relationship with the adoptee. The court found that adoption was in the adoptee’s best interests. The court found that all other statutory requirements were met. The court ordered that the Claimant’s name was not changed with the adoption. The court ordered that the Claimant shall retain the right to inherit under Maine law. The court decreed: “Wherefore, I decree that said petition be granted, that from the date of this decree said adoptee is the child of petitioner’s [the NH] and [the Claimant’s Father]. I further decree that the name of said adoptee remain [the Claimant] without requiring public notice of such change.”

The probate court for Cumberland County, Maine appears to have followed Maine adoption law in issuing the Adoption Decree signed on July XX, 2022, establishing the Claimant as the NH’s adopted child. See Me. Rev. Stat. Ann. tit. 18-C, §§ 9-105, 9-308. Thus, we believe there is legal support for the agency to find the Claimant to be the NH’s legally adopted child under the Act for Title II benefit purposes.[6] See 42 U.S.C. §§ 402(d)(1), 416(e)(1); 20 C.F.R. §§ 404.350, 404.356.

CONCLUSION

For purposes of determining her entitlement to Title II child’s insurance benefits on the NH’s record, because the Adoption Decree appears to comply with Maine adoption laws, we believe there is legal support for the agency to find that the Claimant is the NH’s legally adopted child, effective July XX, 2022.

 


Footnotes:

[1]

As you note, POMS GN 00306.135A.3 instructs the agency to request a legal opinion from the Office of the General Counsel (OGC) on the validity of the adoption of a person age 21 or over (in the absence of a precedent legal opinion). See POMS GN 00306.135A.3; POMS PR 01310 (precedent legal opinions concerning legally adopted children). Following reorganization, SSA’s Program, Fiscal, and Disclosure Law, which is a part of Law & Policy, handles “OGC” legal opinions for the agency.

[2]

For entitlement to child’s insurance benefits on an insured individual’s record, a claimant must meet the following criteria: the claimant must file an application; the claimant must be the child of an individual entitled to retirement insurance benefits or disability insurance benefits, or an individual who died fully or currently insured; the claimant must be dependent upon the individual; the claimant must be unmarried; and the claimant must be under age 18, or if age 18 or over, the claimant must be under a disability that began before age 22 (referred to as disabled adult child (DAC) and childhood disability beneficiary (CDB)), or a full-time student under age 19 (referred to as student benefits). See 42 U.S.C. § 402(d)(1)(A)-(C); 20 C.F.R. § 404.350(a); see also 20 C.F.R. §§ 404.1505(a), 404.1520(a)(2); POMS GN 00306.002, RS 00203.001. Consistent with the scope of your legal opinion request, we focus only on the requirement that the claimant must be the individual’s child. See 20 C.F.R. § 404.350(a)(1).

[3]

You noted that the Claimant is unable to meet the one-half support dependency requirement for child’s benefits as the NH’s stepchild. See 20 C.F.R. § 404.363; POMS GN 00306.230, GN 00306.232.

[4]

A claimant seeking child’s insurance benefits as an adopted child must provide evidence that the claimant is the insured’s legally adopted child. See 20 C.F.R. §§ 404.703, 404.704, 404.733; POMS GN 00306.155.

[5]

The Maine Probate Code was amended and recodified effective September 1, 2019, replacing former Title 18-A with the new Title 18-C. See Me. P.L. 2019, ch. 417; Me. P.L. 2017, ch. 402. The newest version applies to the NH’s adoption of the Claimant in July 2022.

[6]

We believe there is legal support for the agency to defer to this decree as evidence of the adoption because it is consistent with Maine law. See SSR 83-37c, 1983 WL 31272, at *3 (adopting Gray v. Richardson, 474 F.2d 1370 (6th Cir. 1973) as national policy); POMS GN 00305.001A.3 (“In determining a family relationship under State law, SSA is not bound by a decision of a State trial court in a proceeding to which it was not a party. However, SSA must consider an adjudication of a State trial court in some situations. See SSR 83-37c for the criteria involved.”).


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http://policy.ssa.gov/poms.nsf/lnx/1501310022
PR 01310.022 - Maine - 04/23/2026
Batch run: 04/23/2026
Rev:04/23/2026