To determine if the NH and the child's birth mother were married at the time of the
refer to evidence available to SSA from current or prior claims to determine the date
the NH married the child’s birth mother, such as marriage screens in the Modernized
Claims System (MCS) or Application Summaries in the Online Retrieval System (ORS);
obtain a signed statement from at least one of the child’s parents stating the date
of the marriage. If taking the claim in MCS and one of the parents is the proper applicant
for the child, use the Remarks (RMKS) screen to obtain the parent’s statement. The
act of attesting to the information provided in the MCS claims path is deemed equivalent
to a signature (see GN 00201.015C). Otherwise, obtain a Statement of Claimant or Other Person (SSA-795) from at least
one of the child’s parents stating the date of the marriage; or
develop evidence of the marital relationship, including a same-sex marriage, according
to instructions in GN 00305.000 and GN 00210.000.
If the date of marriage is prior to the date of the child's birth and the marriage
was not terminated prior to that time, assume that the child is a marital child.
NOTE: If the parents’ marriage was not valid, the child may qualify as a child of an invalid
ceremonial marriage (see GN 00306.090) or as the NH’s child under section 216(h)(3) (see GN 00306.100 through GN 00306.125).
REMINDER: Refer all cases involving children born to NMLRs for a legal opinion using instructions in