You wish to know whether Alaska law provides for rebuttal of the number holder's paternity
                  in order to reopen and terminate child's benefits.
               
               FACTUAL BACKGROUND
               You provided the following facts to us in the opinion request:
               The Number Holder (N/H), Steven J. C~, contacted the Fairbanks, [Alaska] field office
                  and requested that Kristina C~'s auxiliary benefits terminate on his Social Security
                  disability record. He presented a DNA Test, dated 10/07/97, which stated that he cannot
                  be the biological father of Kristina. The N/H listed Kristina as his dependent child
                  on both of his disability claims[.] (His first claim was denied through the reconsideration
                  level, but his second claim was allowed.) The document presented for natural legitimate
                  relationship and age for Kristina was an Alaska birth certificate. Also, the N/H was
                  and is paying child support for Kristina through Child Support Enforcement. The N/H
                  married Kristina's mother 15 days after her birth.
               
               You further indicated to us that the N/H and the mother of the child are currently
                  divorced.
               
               DISCUSSION
               Section 216(h)(2)(A) of the Act provides that
               In determining whether an applicant is the child ... of a[n] ... individual, the [Commissioner]
                  shall apply such law as would be applied in determining the devolution of intestate
                  personal property by the courts of the State in which such insured individual is domiciled
                  at the time such applicant files application.
               
               42 U.S.C. § 416(h)(2)(A). Since the N/H was domiciled in Alaska at the time of his
                  application, Alaska law applies.
               
               AS 13.12.114(a) provides that "for purposes of intestate succession by, through, or
                  from a person, an individual is the child of the individual's natural parents, regardless
                  of their marital status, and the parent and child relationship may be established
                  as indicated under AS 25.20.050." AS 25.20.050(a) provides that
               
               A child born out of wedlock is legitimated and considered the heir of the putative
                  parent when: (1) the putative parent subsequently marries the undisputed parent of
                  the child; (2) for acknowledgments made before July 1, 1997, the putative parent acknowledges,
                  in writing, being a parent of the child; (3) for acknowledgments made on or after
                  July 1, 1997, the putative father and the mother both sign a form for acknowledging
                  paternity under AS 18.50.165; or (4) the putative parent is determined by a superior
                  court without jury or by another tribunal, upon sufficient evidence, to be a parent
                  of the child. Acceptable evidence includes evidence that the putative parent's conduct
                  and bearing toward the child, either by word or act, indicates that the child is the
                  child of the putative parent. That conduct may be construed by the tribunal to constitute
                  evidence of parentage. When indefinite, ambiguous, or uncertain terms are used, the
                  tribunal may use extrinsic evidence to show the putative parent's intent.
               
               Kristina was born out of wedlock on May 10, 1991. Fifteen days later, Kristina's mother
                  married the N/H. Kristina's birth certificate showed the N/H as the father. The N/H
                  listed Kristina as his dependent child on his first application, which was filed on
                  October 6, 1992, and on his reapplication filed on December 20, 1994. He has been
                  paying child support to a child support enforcement agency. Based on these facts,
                  Kristina would be treated as a legitimated child and considered the heir of her putative
                  father, the N/H, under AK 25.20.050.
               
               However, several years later, on September 17, 1997, the N/H provided a blood specimen
                  for genetic testing. On October 7, 1997, Ruth P. K~, Ph.D., determined that the N/H
                  could not be Kristina's biological father. This determination is admissible in a judicial
                  or administrative proceeding in Alaska to disestablish paternity. See AK 25.20.050(d) and AS 25.27.166(c). It would also be admissible in a judicial proceeding
                  in Oregon, where Kristina and her mother now reside. See 1997 Oregon Law Ch. 746 (H.B. 2324), Note (1997) (Domestic Relations Child Support
                  Program Changes), which addresses the admissibility of genetic test results, and authorizes
                  a male party to apply to an Oregon court for an order of nonpaternity if genetic tests
                  exclude him as the possible father of the child. Thus, we believe that SSA may rely
                  on the genetic testing to reopen its earlier decision that Kristina is N/H's child,
                  and to terminate auxiliary benefits to Kristina. See 20 C.F.R. §§ 404.987,404.988,404.989 (1997), which authorize SSA to reopen an earlier
                  decision within four years upon a showing of good cause (i.e., new and material evidence).
               
               It is likely that the N/H has already filed a court or administrative action to disestablish
                  paternity because he cannot unilaterally stop paying child support through the child
                  support enforcement agency without first seeking a judicial or administrative order
                  disestablishing paternity. See State, Dept. of Revenue, Child
                     Support Enforcement Div. v. Wetherelt, 931 P.2d 383, 387-88 (Alaska 1997). If Kristina (or someone acting on her behalf)
                  has opposed N/H's action to disestablish paternity, we expect that she will also challenge
                  SSA's determination. In this event, we suggest that you obtain copies of the documents
                  filed in the action to disestablish paternity, and submit them to us for our review
                  and guidance.