SI CHI01310.115 Deeming Concept - Child (RTN 405 -- 03/2007)

A. General

This section describes state law as it applies to a natural parent-child relationship for deeming purposes in Region V.

B. State Law-Region V

Without exception, all six states in this region recognize the termination of a natural parent-child relationship after adoption.

C. Definitions

1. Child

A child is someone who is neither married nor the head of a household, and

  • under age 18, or

2. Eligible Child For Deeming Purposes

An eligible child for deeming purposes, is a natural or adopted child under age 18 who lives in a household with one or both parents, and is eligible for SSI.

3. Parent

A parent whose income or resources are subject to deeming is one who lives in the same household with an eligible child and is:

  • a natural parent of the child;

  • an adoptive parent; or

  • the spouse of the natural or adoptive parent (including a "holding out" spouse as defined in SI 00501.152).

4. Parent – Effective 06/16/08

A parent whose income and resources are subject to deeming is one who lives in the same household with an eligible child and is:

  • a natural parent of the child;

  • an adoptive parent; or

  • the spouse of the natural or adoptive parent (“stepparent”) who lives in the same household as the natural or adoptive parent (including a “holding out” spouse as defined in SI 00501.152).

IMPORTANT: Parent-to-child deeming from a stepparent does not apply when the natural or adoptive parent has permanently left the household. Treat any absence by a natural or adoptive parent as permanent unless it is considered a temporary absence according to the instructions in SI 01310.165.

D. Policy

The natural parent-child relationship terminates upon adoption under the laws of the states in Region V. Each state has statutory provisions that terminate a parent-child relationship upon adoption.

Generally, a child cannot be adopted without the consent of the non-custodial parent unless:

  • the non-custodial parent no longer supports or maintains contact with the child, or

  • the non-custodial parent abandons the child.

However, the states in this Region recognize other situations where consent is not required. If you encounter a situation where consent is an issue, the matter should be referred to ARC-MOS CRSI/SSI for a legal opinion.

If the child is adopted under these circumstances, the natural parent-child relationship between the non-custodial parent and the child also terminates. The decision of the courts to determine what is considered abandonment will vary from state-to-state. If a child has been adopted, the adoptive parent(s) should submit the adoption papers to document the adoption.

After entry of an adoption, the natural parent(s) of a child sought to be adopted shall:

  • be relieved of all parental responsibly for such child;

  • be deprived of all legal rights in respect to the child;

  • be free from all obligations of maintenance; and

  • not exercise or have any rights over the adopted child or the child's property.

The child shall not owe the natural parents any legal duty. After the order of adoption is entered, the relationship of parent and child between the adopted person and birth parents, unless the birth parent is the spouse of the adoptive parent, shall be completely altered and all rights, duties, and other legal consequences of the relationship shall cease to exist.

E. Exception

When the birth parent is the spouse of the adoptive parent, the natural parent-child relationship continues upon adoption and the deeming provisions apply.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501310115CHI