The claimant's marriage or NMLR meets the duration requirement if any of the following
three conditions are true:
The marriage or NMLR meets the 9-month duration requirement or can be deemed to have
been met under the conditions in GN 00305.100; or
The claimant and the NH were married when they jointly adopted a child under 18 years
old, or either of them adopted the other’s child; or
The claimant is entitled or potentially entitled to, or has applied for, any of these
benefits or payments: widow(er)’s, spouse’s, parent’s, disabled child’s benefits (CDB),
or annuity payments under the Railroad Retirement Act for widow(er)s, parents, or
children age 18 or older; or the claimant was entitled to surviving spouse’s benefits
for the month before the NH died.
If none of these three conditions are true, and the claimant alleges that he or she
and the NH are parents of a child, check for an applicable precedent opinion in PR 05800.000 or PR 00900.000. If no applicable precedent opinion exists, refer the claim for a legal opinion about
the alleged relationship.
For more information about parent-child relationships, refer to GN 00306.010 and GN 00306.001C.1.d. For instructions about how to refer a claim for legal opinion, refer to GN 01010.815.