TN 29 (10-05)
GN 00306.165 Entitlement Requirements - Child Adopted by Someone Other Than NH
A. Policy - General
A natural or legally adopted child of the NH who was adopted by another person during the NH's lifetime (see GN 00306.165B.) is the NH's child for benefit purposes only if:
The adoption did not cut off the child's inheritance rights in the NH's estate under applicable State law; and
The NH was living with or contributing to the child's support at one of the points set forth in GN 00306.007 or GN 00306.008.
This provision applies even if the adoption is terminated before the child applies for benefits. The provision would not apply if the adoption has been revoked, i.e., treated under State law as if it had not occurred.
NOTE: Adoption by someone other than the NH does not terminate a child's entitlement. If the adoption occurred before the child's application is filed, but the application has retroactivity to a point before the adoption at which all entitlement requirements are met, the adoption has no effect on determining the child's entitlement.
B. Policy - Exception
The provision in GN 00306.165A. does not apply if the adoption occurred after an applicable point at which the child could be deemed dependent on the NH.
EXAMPLE: A child was adopted by someone other than the NH at a point between the NH's onset of disability and his entitlement to DIB. Since onset is a point at which the child could be deemed dependent on the NH, and at that point the adoption had not yet occurred, the adoption has no effect on determining the child's entitlement.
NOTE: If the adoption occurred after the beginning of the NH’s disability, the period of disability must have lasted at least five full calendar months in order to meet this exception; for example, if the NH died within five months of the beginning of the period, the child is subject to the provision in GN 00306.165A. See DI 10105.001.
C. Policy - Child Does Not Retain Inheritance Rights
If a child has lost inheritance rights in the NH's estate because he/she was adopted by another person but can meet the dependency requirements referred to in GN 00306.165A., the child may be entitled under section 216(h)(3) of the Act, if all other requirements are met.
NOTE: See SSR 63-28 for a case in which the child did not retain inheritance rights.