TN 31 (08-05)

GN 00307.402 Evidence of Relationship and Death in CV

A. Background

1. General

CV was part of Portugal until it became independent on July 5, 1975. For events prior to that date, Portuguese law was in effect and was used to establish legal relationship.

2. Legitimation of children

Prior to July 5, 1975, the birth record of an illegitimate child showed:

  1. Only the name(s) of the parent(s) registering the birth, and

  2. Only unmarried persons as the parent(s).

Thus, for example, a child born to a married mother and a single father had to be registered by the father; the mother's name could not be shown. If the married parent was later divorced or widowed, his/her name could then be added to the record.

3. Marriage

Prior to July 5, 1975, the law permitted proxy marriage and required subsequent cohabitation by the partners to validate the marriage. Civil marriage records normally identify proxy marriages.

The following can indicate a prior undissolved marriage and require additional development:

  1. Absence, or later addition, of the mother's name on a child's birth certificate; or

  2. Existence of a baptismal record for a child and the nonexistence of a civil birth record.

4. Divorce

Prior to July 5, 1975, divorce was permitted if the parties were not married in the RCC. This applied even where a religious ceremony was not necessary for a valid marriage.

Divorce records are maintained in Praia, Sao Tiago. They are kept only by the civil authorities.

B. Policy

You must examine evidence carefully for indications of relationship problems and to ensure the evidence refers to the claimant/beneficiary.

An SSA-3 is not sufficient evidence of a marriage in the CV.

C. Procedure

1. Evidence of marriage

Get a civil marriage certificate as evidence of a marriage in the CV.

2. Evidence of death

Examine death certificates carefully together with the other evidence in file. Resolve material discrepancies by examination of the source records.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200307402
GN 00307.402 - Evidence of Relationship and Death in CV - 07/29/2015
Batch run: 07/29/2015
Rev:07/29/2015