TN 26 (12-98)

GN 00306.166 Use of State Law List on Retention of Inheritance Rights

A. Introduction

GN 00306.170 contains a list of State laws on the right of a child to inherit from the natural parent when the adoption occurred during the NH's lifetime.

B. Policy — Submittal to RCC

Do not submit a case to the RCC if the dependency test is not met. Submit the case per GN 01010.815 ff. in the absence of a precedent opinion if:

  • The child was adopted in a State in which he/she kept the right to inherit from the natural parent; and

  • The natural parent died domiciled in a State where an adopted child did not retain inheritance rights from a natural parent or vice versa.

NOTE: See SSR 63-28 for an example of this situation.

C. Policy — Effective Dates

GN 00306.170 refers to effective dates based upon the death of the natural parent before or after a given date. In life cases, these dates refer to the filing of an application for child's benefits before or after a given date.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306166
GN 00306.166 - Use of State Law List on Retention of Inheritance Rights - 03/09/2006
Batch run: 01/27/2009
Rev:03/09/2006