TN 23 (03-24)

PR 01210.016 Illinois

A. PR 24-007 Use of Enumeration at Birth (EAB) Numident and Birth Certificate as Written Acknowledgment for a Non-Marital Child Born in Illinois

DATE: March 4, 2024

1. Syllabus

For a non-marital child born in Illinois, in applying agency policy set forth in POMS GN 00306.105C.3 to determine status as a child under section 216(h)(3) of the Act, the agency may presume that there has been a written acknowledgment of paternity for a father named on a non-marital child’s EAB Numident record.

2. Question Presented

Where a non-marital child is born in Illinois and for the purpose of determining a claimant’s status under section 216(h)(3) of the Social Security Act (Act) as a number holder’s child, applying agency policy at Program Operations Manual System (POMS) GN 00306.105C.3 for using an Enumeration at Birth (EAB) Numident as evidence of a number holder’s written acknowledgment, you asked whether written consent is required by the State of Illinois to be named as the father of the non-marital child in the birth registration and certification process and the EAB process.

3. Answer

Yes. Illinois law has required a father’s written consent to be named as a non-marital child’s father during the birth registration and certification process since 1962. See 410 Ill. Comp. Stat. Ann. 535/12; POMS PR 01210.016 Illinois A. PR 02-031 State Law Regulations Regarding Appearance of Father’s Name on a Birth Certificate of a Nonmarital Child (Feb. 13, 2002). The same information collected by the State’s vital statistics office for the State-issued Illinois birth certificate is also transmitted to SSA as part of the EAB process. See POMS RM 10205.001B, RM 10205.005B, RM 10205.505. Thus, for a non-marital child born in Illinois, in applying agency policy set forth in POMS GN 00306.105C.3 to determine status as a child under section 216(h)(3) of the Act, the agency may presume that there has been a written acknowledgment of paternity for a father named on a non-marital child’s EAB Numident record. See 42 U.S.C. § 416(h)(3); 20 C.F.R. § 404.355(a)(3); POMS GN 00306.105C.2, 3, POMS GN 00306.120B.2.

Please note that this legal opinion does not address Illinois intestate succession law or status as a child under section 216(h)(2)(A) of the Act and should not be applied to determining status of a child under section 216(h)(2)(A).

4. Analysis

a. Federal Law: A Natural Child under Section 216(h)(3) of the Act Based on the Number Holder’s Written Acknowledgment

Under section 216(h)(3) of the Act, the biological child[1] of a number holder may be deemed to be the number holder’s child if, during the number holder’s lifetime, the number holder acknowledged in writing that the child was his or her child. See 42 U.S.C. § 416(h)(3)(A)(i)(I), (B)(i)(I), (C)(i)(I); 20 C.F.R. § 404.355(a)(3); POMS GN 00306.100, GN 00306.105. The POMS provides a list of evidence that the agency will consider to be evidence of the number holder’s written acknowledgment for purposes of section 216(h)(3), and a child’s EAB Numident record and full birth certificate are on this list in POMS GN 00306.105C.

b. Agency Policy: Use of the EAB Numident and Full Birth Certificate as Evidence of Written Acknowledgment per POMS GN 00306.105C.2, 3 and POMS GN 00306.120B.2

The EAB process is a program that allows parents to complete applications for SSNs for their newborns as part of the hospital birth registration process. 20 C.F.R. § 422.103(b)(2); POMS RM 10205.001B, RM 10205.005B, RM 10205.505. “When the hospital representative asks for information to complete the birth certificate, he or she also asks the parents if they would like the State’s vital statistics office to forward information to SSA to assign an SSN. If the parent agrees, the hospital representative checks a block on the form indicating that the parent wants an SSN assigned to his or her child. The hospital forwards this information to the State’s vital statistics office along with birth certificate information. The State vital statistics office then provides SSA with an electronic record used to assign an SSN and issue a card.” POMS RM 10205.005B; see also Social Security Numbers for Children, SSA Publication No. 05-10023 (Oct. 2022).[2] Thus, the same information collected by the State’s vital statistics office for the State-issued birth certificate, which includes the names of the child’s parents, is also transmitted to SSA as part of the EAB process. See POMS RM 10205.001B, RM 10205.005B, RM 10205.505.

POMS GN 00306.105C.3 instructs that the child’s EAB Numident record constitutes evidence of written acknowledgment of paternity for purposes of section 216(h)(3) when the following criteria are met:

The [child’s] Numident constitutes evidence of written acknowledgment if it:

  • includes an iteration that shows a “6” in the form code (FMC) field of the INTERNAL line, indicating an Enumeration at Birth (EAB) record;

  • shows the number holder’s name in the mother’s name at birth (MNA) or father’s name at birth (FNA) field of the EAB Numident, setting aside minor discrepancies as described in GN 00203.020A.2.C;

  • does not show a name other than the number holder’s name in the same field (MNA or FNA) in iterations following EAB; and

  • the number holder’s written consent was required by the State during the EAB process. Contact the State Bureau of Vital Statistics (BVS) or use a relevant precedent opinion to determine if written consent was required. For more information, see GN 00306.120 [setting forth agency policy on use of a birth certificate as proof of written acknowledgment or a court order].

POMS GN 00306.105C.3.

Our focus is upon the final criteria as to whether the number holder’s written consent was required by the State during the EAB process. In determining this issue, POMS GN 00306.105C.3 instructs the agency to use a relevant precedent opinion to determine if written consent was required by the State and refers the agency to POMS GN 00306.120 for more information.

POMS GN 00306.120 sets forth agency policy on use of a birth certificate as proof of written acknowledgment or a court order for purposes of section 216(h)(3) child determinations. Like POMS GN 00306.105C.3, this provision instructs that the agency may use a birth certificate to presume that there has been a written acknowledgment or court determination of paternity if a precedent opinion shows that applicable State law requires the written acknowledgment or court determination of paternity in order for a father’s name to be listed on a non-marital child’s birth certificate. POMS GN 00306.120B.2.

Thus, in this opinion, for policy set forth in POMS GN 00306.105C.2, 3 and POMS GN 00306.120B.2 relating to use of the EAB Numident and birth certificate as evidence of a number holder’s written acknowledgment for 216(h)(3) child status, we will set forth Illinois law on whether written consent was required to identify a father of a non-marital child on the birth certificate. As noted above, the same information collected by the State’s vital statistics office for the State-issued birth certificate, which would include any father’s name, is also transmitted to SSA as part of the EAB process. See POMS RM 10205.001B, RM 10205.005B, RM 10205.505.

c. State Law: Illinois Law Requires the Father’s and Mother’s Written Consent to be Named as the Father on a Non-Marital Child’s Birth Record

The Illinois Vital Records Act provides that each live birth in Illinois must be registered within 7 days of the child’s birth with the local or subregistrar of the district in which the birth occurred. 410 Ill. Comp. Stat. Ann. 535/12(1). When a birth occurs in an institution, the designated person in that institution must obtain and record all of the personal and statistical particulars relative to the parents of the child that are required to properly complete the live birth certificate; shall obtain the required personal signatures on the hospital worksheet; shall prepare the certificate from the worksheet; and shall file the certificate with the local registrar. 410 Ill. Comp. Stat. Ann. 535/12(2). Upon the birth of a child to an unmarried woman, the institution at the time of birth is required to provide an opportunity for the child’s mother and father to sign a voluntary acknowledgment of paternity form and provide documents that explain the rights and responsibilities that arise from signing a voluntary acknowledgment of paternity form. 410 Ill. Comp. Stat. Ann. 535/12(5).

With regard to including the name of the father on the birth certificate, the law provides:

Unless otherwise provided in this Act, if the mother was not married to the father of the child at either the time of conception or the time of birth, the name of the father shall be entered on the child’s birth certificate only if the mother and the person to be named as the father have signed a voluntary acknowledgment of paternity form in accordance with subsection (5).

410 Ill. Comp. Stat. Ann. 535/12(4).[3] Thus, to be named as the father on the non-marital child’s Illinois birth certificate, both the father and mother must provide written consent by signing a voluntary acknowledgment of paternity form. The signing and witnessing of the voluntary acknowledgment of parentage form conclusively establishes a parent-child relationship in accordance with the Illinois Parentage Act. 410 Ill. Comp. Stat. Ann. 535/12(5)(a); see also 750 Ill. Comp. Stat. Ann. 46/301 (“A parent-child relationship may be established voluntarily by signing and witnessing of a voluntary acknowledgment in accordance with Section 12 of the Vital Records Act and Section 10-17.7 of the Illinois Public Aid Code.”); In re Parentage of G.E.M., 890 N.E.2d 944, 954-955 (Ill. App. Ct. 2008) (finding that the father established parent-child relationship when he prepared the “electronic birth certificate worksheet” at the hospital with the mother after the child’s birth and completed the prerequisite acknowledgment of paternity as required by the Illinois Vital Records Act); In re Reyes, 860 N.E.2d 456, 458 (Ill. App. Ct. 2006) (finding that because the child’s mother was not married to the father at the time of the child’s birth, the father’s name on the child’s birth certificate was circumstantial evidence to find that he signed a written acknowledgment of parentage).

This requirement in the Illinois Vital Records Act for the father’s and mother’s written consent in 410 Ill. Comp. Stat. Ann. 535/12 has been unchanged since 1993 and existed in prior versions of Illinois statutory law since 1962. See POMS PR 01210.016 Illinois A. PR 02-031 State Law Regulations Regarding Appearance of Father’s Name on a Birth Certificate of a Nonmarital Child (Feb. 13, 2002) (advising that since 1962, Illinois law has required written consent to name the father on a non-marital child’s birth certificate); People ex rel. Wisneski v. Thomas, 319 N.E.2d 559, 560 (Ill. App. Ct. 1974) (noting that the statute in effect since 1965 provided: “If the mother was not married to the father of the child either at the time of conception or birth, the name of the father shall not be entered on the certificate of birth without the written consent of the mother and the person to be named as the father.”).

Consequently, for a non-marital child born in Illinois, in applying agency policy set forth in POMS GN 00306.105C.2, 3 and POMS GN 00306.120B.2 relating to use of the EAB Numident and birth certificate as evidence of written acknowledgment for 216(h)(3) child status, Illinois law requires a father’s written consent to be identified as the father of a non-marital child on the birth certificate. See 410 Ill. Comp. Stat. Ann. 535/12(4). As noted above, the same information collected by the State’s vital statistics office for the State-issued birth certificate, which would include the father’s name, is also transmitted to SSA as part of the EAB process. See POMS RM 10205.001B, RM 10205.005B, RM 10205.505.

5. Conclusion

Illinois law has required a father’s written consent to be named as a non-marital child’s father during the birth registration and certification process since 1962. See 410 Ill. Comp. Stat. Ann. 535/12(4); POMS PR 01210.016 Illinois A. PR 02-031 State Law Regulations Regarding Appearance of Father’s Name on a Birth Certificate of a Nonmarital Child (Feb. 13, 2002). The same information collected by the State’s vital statistics office for the State-issued Illinois birth certificate is also transmitted to SSA as part of the EAB process. See POMS RM 10205.001B, RM 10205.005B, RM 10205.505. Thus, for a non-marital child born in Illinois, in applying agency policy set forth in POMS GN 00306.105C.3 to determine status as a child under section 216(h)(3) of the Act, the agency may presume that there has been a written acknowledgment of paternity for a father named on a non-marital child’s EAB Numident record. See 42 U.S.C. § 416(h)(3); 20 C.F.R. § 404.355(a)(3); POMS GN 00306.105C.2, 3, POMS GN 00306.120B.2

B. PR 02-031 State Law Regulations Regarding Appearance of Father's Name on a Birth Certificate of a Nonmarital Child

DATE: February 13, 2002

1. SYLLABUS

To determine if there is written acknowledgment under section 216(h)(3) of the Act, this opinion provides the written consent/court order requirements of each State in Region V for entering a father's name on the BC of a nonmarital child, or showing the child's surname the same as the father's.

2. OPINION

You have asked us to advise you of the current law for each state in Region V regarding the appearance of the father's name on the birth certificate of a nonmarital child. Specifically, you have asked us to determine whether state law requires either the father's written consent or a court determination of paternity before the father's name can be entered on the birth certificate of a child born out of wedlock. You have also asked us to determine whether state law requires the father's written consent or a court determination of paternity before the birth certificate can show the child's surname to be that of the father's. Our findings are as follows:

In Illinois, the father's name can appear on the birth certificate of a nonmarital child only if the mother and the person to be named as the father have signed an acknowledgement of parentage. 410 ILL. COMP. STAT. ANN. 535/12(4) (West 2001) (“if the mother was not married to the father of the child at either the time of conception or the time of birth, the name of the father shall be entered on the child's birth certificate only if the mother and the person to be named as father have signed an acknowledgement of parentage”). The law provides that, at the time of the birth of a child to an unmarried woman, the institution and the local registrar or county clerk must provide an opportunity for the child's mother and father to sign an acknowledgement of parentage. 410 ILL. COMP. STAT. ANN. 535/12(5)(a). The signing and witnessing of the acknowledgement of parentage conclusively establishes a parent and child relationship in accordance with the Illinois Parentage Act of 1984. See 750 ILL. COMP. STAT. ANN. 45/5(a)(4); 750 ILL. COMP. STAT. ANN. 45/6(a).

The father's name will also be entered on the birth certificate of a nonmarital child once a court has entered a judgment establishing paternity. 750 ILL. COMP. STAT. ANN. 45/14(d) (“If the judgment or order of the court is at variance with the child's birth certificate, the court shall order that a new birth certificate be issued under the Vital Records Act.”); see also 410 ILL. COMP. STAT. ANN. 535/17(1)(c) (new birth certificate should be issued upon order of the circuit court).

Finally, there is no specific provision of Illinois law pertaining to the designation of the surname of a nonmarital child. However, at common law, “every person is free to assume any surname he or she pleases.” Thomas v. Thomas, 427 N.E. 2d 1009, 1010 (Ill. App.3d (1981). Therefore, it does not appear that either the father's consent or a court determination of paternity would be required before the birth certificate can show the child's surname to be that of the putative father.

CONCLUSION

These are the current requirements for the appearance of the father's name and the child's surname on the birth certificate of a nonmarital child in each of the six states in our region. As requested, we have appended a chart detailing the above information and effective dates for your use.

Thomas W. C~

Regional Chief Counsel

By: _______________________

Kathryn A. B~

Assistant Regional Counsel

Illinois

Written Consent Father's Name Yes — 1/1/62
Court Order Father's Name Yes — 1/1/62
Written Consent Child's Surname No — but no statutory provision
Court Order Child's Surname No — but no statutory provision

Footnotes:

[1]

We do not address all of the requirements of section 216(h)(3), including the requirement for a biological relationship between the number holder and the child. See 42 U.S.C. § 416(h)(3); 20 C.F.R. § 404.355(a)(3); POMS GN 00306.100. Our legal opinion focuses only on the requirement for a written acknowledgment.

[2]

More information on the EAB process can also be found in the agency’s Bureau of Vital Statistics State Processing Guidelines for Enumeration at Birth, SSA (August 2021), available on the agency’s website, The United States Social Security Administration | SSA (last visited Feb. 27, 2024).

[3]

The Illinois Department of Healthcare and Family Services website has information specifically with regard to establishing paternity in the hospital at the time of a child’s birth. See Hospitals/Paternity | HFS (illinois.gov) (last visited March 3, 2024). As explained on the Illinois Department of Healthcare and Family Services website: “To make it easier for unwed parents to establish paternity at the time of the child’s birth, Illinois law makes it possible for both parents to sign a Voluntary Acknowledgment of Paternity Form HFS 3416B in the hospital. Signing this form eliminates the court process and is vital to having the father’s name added to the birth certificate.” Establish Paternity | HFS (illinois.gov) (last visited March 4, 2024).


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1501210016
PR 01210.016 - Illinois - 03/12/2024
Batch run: 03/12/2024
Rev:03/12/2024