TN 26 (12-98)
GN 00306.095 Evidence to Establish Relationship - Child of Invalid Ceremonial Marriage
A. Policy — proof of marriage
Documentary evidence of marriage is always necessary.
B. Policy — proof of parent - child relationship
SSA will disregard the Lord Mansfield rule (if applicable) if it is shown that the NH is the child's biological father. If this cannot be shown, the child may be able to qualify as the stepchild of an invalid ceremonial marriage (see GN 00306.090 ff.).
2. Mother Has No Legal Husband
Any pertinent evidence may establish the child's relationship to the NH.
A BC, hospital record, or school record is sufficient evidence of relationship if it shows the NH as the father.
An acknowledgment by the NH to others is sufficient if it shows the NH as father.
The rules in GN 00306.010 about use of a BC and other documents apply.
3. Mother Legally Married
If the mother was legally married to someone else when the child was conceived, but she and the NH were living together at that time as husband and wife, this tends to establish the child's relationship to the NH.
If the child was allegedly born to a NH who was not living with the mother when the child was conceived, and the mother was legally married to someone else at the pertinent times, the evidence must clearly show that the NH was the child's father. You may use the evidence described in GN 00306.095B.2. for this purpose.
If the mother and her legal husband were living together when the child was conceived, you may find the NH to be the child's father only in the most unusual case.