Effective Dates: 09/13/2019 - Present Previous | Next

TN 43 (09-19)

GN 00306.011 Presumption of Title II Parent-Child Relationship Under State Intestacy Law - Overview

Citations:

Social Security Act §216(h)(2)(A)

Code of Federal Regulations § 404.355

A. General rules for presuming a parent-child relationship under State intestacy law

When certain facts are present, we may presume a child would inherit as the number holder's (NH) child from his or her birth mother and the birth mother's spouse if the birth mother or birth mother's spouse were to die intestate.

1. Birth mother

We generally presume that a child would inherit from the child’s birth mother in all states, unless there is evidence to rebut the presumption. For instructions on how to develop cases where there is an allegation that the NH is the child’s birth mother, see GN 00306.012.

EXCEPTION: If the child was born to a surrogate mother, do not apply this general rule. Instead, follow guidance in GN 00306.014C.

2. Birth mother's spouse

We generally presume that a child born to a validly married couple is the legal marital child of both the child’s birth mother and her spouse, regardless of the spouse’s gender. As a result, we generally presume that a child born to a validly married couple would inherit from the birth mother’s spouse in all states, unless there is evidence to rebut the presumption.

For instructions on how to develop cases where there is an allegation that the NH is the birth mother’s spouse, see GN 00306.013.

IMPORTANT: For cases involving a posthumously conceived child, see GN 00306.014D.

B. What to do when the general rules for presuming a parent-child relationship under State intestacy law do not apply

When the general rules in GN 00306.011A for presuming a parent-child relationship do not apply, we consider whether a child meets the relationship requirement under specific State law, following guidance in:

If you cannot make the determination based on these instructions, consider:

  • •

    entitling the child as a stepchild (see GN 00306.230);

  • •

    entitling the child under a relationship category other than NH's child under State intestacy law or stepchild (see chart in GN 00306.002F); or

  • •

    requesting a legal opinion using instructions in GN 00306.305 and GN 01010.815.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306011
GN 00306.011 - Presumption of Title II Parent-Child Relationship Under State Intestacy Law - Overview - 09/13/2019
Batch run: 09/12/2023
Rev:09/13/2019