TN 26 (12-98)

GN 00306.205 Performance by Child - Equitable Adoption

A. Policy — General

A child can be equitably adopted only if there has been performance by the child under a contract to adopt (as distinguished from a foster parent relationship). Some factors which constitute performance are:

  • The adopting parent and child conducted themselves like an actual parent and child; and

  • The child occupied the position of a child, rendering filial obedience until the NH's death or entitlement (in a life case).

NOTE: Do not confuse the period of performance with the State law trial or waiting period requirements in GN 00306.225B.

B. Policy — Length of Period

The length of the performance period varies according to State. In some States performance alone is not enough to justify a finding of equitable adoption. Submit the case to the RCC per GN 01010.815 ff. in the absence of a precedent opinion.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306205
GN 00306.205 - Performance by Child - Equitable Adoption - 03/09/2006
Batch run: 01/27/2009
Rev:03/09/2006