If the child is the number holder’s (NH) biological child, he or she may meet the
relationship requirement under the Federal standard set out in section 216(h)(3) of
the Act. If we establish a parent-child relationship under the criteria in section
216(h)(3), we deem the child dependent on the NH unless someone other than the NH
adopted the child during the NH's lifetime (see GN 00306.100D).
Apply section 216(h)(3) when you cannot establish the parent-child relationship under
State law. You may explore all possible relationship provisions consecutively or concurrently
(see GN 00306.315A).
Section 216(h)(3) requires that the child must be the NH's son or daughter. Therefore,
even if one of the requirements in GN 00306.100C is met, you must consider evidence showing that the NH is not the child's biological
NOTE: If evidentiary standards for section 216(h)(3) are met, the NH's biological child
may be deemed the child for benefit purposes regardless of the child's status under
State law. The child may qualify under this provision even if presumed to be the child
of another person under State law.