Effective Dates: 04/02/2024 - Present Previous | Next

TN 25 (04-24)

PR 01210.048 Texas

A. PR 24-008 Use of the Birth Certificate and Enumeration at Birth (EAB) Numident as Written Acknowledgment for a Non-Marital Child Born in Texas

DATE: March 12, 2024

1. Syllabus

For use in applying agency policy in POMS GN 00306.105C.2, 3 and GN 00306.120B.2 related to status as a child under section 216(h)(3) of the Act, Texas law requires a father’s written consent or a court order of paternity to be named as a non-marital child’s father during the birth registration and certification process and EAB process.

2. Question Presented

For the purpose of determining a claimant’s status as a number holder’s child under section 216(h)(3) of the Social Security Act (Act) and applying agency policy at Program Operations Manual System (POMS) GN 00306.105C.2, 3 and GN 00306.120B.2 for using a child’s full birth certificate and the 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 Texas to be named as the father of a non-marital child in the birth registration and certification process and the EAB process.

3. Answer

Texas law instructs that to be named as a child’s father on a birth certificate, there must be a marriage to the child’s mother, a court order of paternity, or a written acknowledgment of paternity by the father. See Tex. Health & Safety Code Ann. § 192.005(a). Thus, for a child born outside of a marriage, Texas law requires a father’s written consent or a court order of paternity to be named as a non-marital child’s father during the birth registration and certification process. See Tex. Health & Safety Code Ann. § 192.005(a)(2), (3). This law has been in effect since September 1, 1989. See id. The same information collected by the State’s vital statistics office for the State-issued Texas 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 use in applying agency policy in POMS GN 00306.105C.2, 3 and GN 00306.120B.2 related to status as a child under section 216(h)(3) of the Act, Texas law requires a father’s written consent or a court order of paternity to be named as a non-marital child’s father during the birth registration and certification process and EAB process. 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; Tex. Health & Safety Code Ann. § 192.005(a).

This legal opinion does not address status as a number holder’s child under section 216(h)(2)(A) of the Act and the right to inherit under Texas intestate succession law and should not be applied in 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 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.

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

POMS GN 00306.105C 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 this list includes a child’s full birth certificate and the EAB Numident, where certain criteria are met. See POMS GN 00306.105C.2, 3.

POMS GN 00306.105C.2 regarding the birth certificate refers the agency to POMS GN 00306.120 for the policy on using information from a child’s birth certificate as evidence of a written acknowledgment. POMS GN 00306.120 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.^[1] POMS GN 00306.120B.2.

Similarly, POMS GN 00306.105C.3 instructs the agency to use a relevant precedent opinion to determine if written consent was required by the State during the EAB process and refers the agency to POMS GN 00306.120 for more information.^[2] The same information collected by the State’s vital statistics office for the State-issued birth certificate, which would include the names of the child’s parents, is also transmitted to SSA as part of the EAB process.^[3] See POMS RM 10205.001B, RM 10205.005B, RM 10205.505. Thus, we consider Texas law on this issue.

c. State Law: Texas Law Requires the Father’s Written Consent or a Court Order of Paternity to be Named as the Father on a Non-Marital Child’s Birth Certificate

Texas law requires the birth of each child born in Texas to be registered with the State and the birth certificate filed with the local registrar. See Tex. Health & Safety Code Ann. §§ 192.001, 191.002, 192.003, 192.004. Texas law instructs that the items on a birth certificate relating to a child’s father should only be completed if the child’s mother was married to the father; paternity is established by a court order; or a valid acknowledgment of paternity has been executed by the father and filed with the State’s vital statistics unit. See Tex. Health & Safety Code Ann. § 192.005(a). This law has been in effect since September 1, 1989. See id. Thus, in the absence of a marriage, since September 1, 1989, Texas law has required a father’s written consent or a court order of paternity to be named as a non-marital child’s father during the birth registration and certification process. See Tex. Health & Safety Code Ann. § 192.005(a)(2), (3); see also Tex. Health & Safety Code Ann. § 192.012(a) (if the child’s mother is not married to the child’s father, a person responsible for filing the birth certificate shall provide an opportunity for the child’s mother and putative father to sign an acknowledgment of paternity); In Interest of F.E.N., 542 S.W.3d 752, 767 n.12 (Tex. App. – Houston [14th Dist.] 2018, pet. denied) (noting that the hospital where the child was born would not have been permitted to list the father on the birth certificate without a valid acknowledgment of paternity form and that the hospital was responsible for filing both documents with the correct authority). As stated, the same information collected by the State’s vital statistics office for the State-issued Texas birth certificate, which would include the names of the child’s parents, is also transmitted to SSA as part of the EAB process.^[4] See POMS RM 10205.001B, RM 10205.005B, RM 10205.505.

5. Conclusion

For use in applying agency policy set forth in POMS GN 00306.105C.2, 3 and GN 00306.120B.2 related to status as a child under section 216(h)(3) of the Act, since September 1, 1989, Texas law has required a father’s written consent or a court order of paternity to be named as a non-marital child’s father during the birth registration and certification process and EAB process. 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; Tex. Health & Safety Code Ann. § 192.005(a)(2), (3).

B. PR 23-006 Status of Children - Texas Enumeration at Birth Numident and Alabama Birth Certificates

DATE: May 26, 2023

1. Syllabus

Because the number holder (NH) is named as the child’s father on Claimant M1~’s EAB Numident record established at the time of his birth in accordance with Texas law on birth registration, the agency may presume that the NH completed a written acknowledgment of paternity or there was a court determination of paternity to be identified as the child’s father as required by Texas law. Therefore, we believe there is legal support for the agency to deem Claimant M1~ to be the NH’s child pursuant to section 216(h)(3)(C)(i).

The effective date of the parent-child relationship is Claimant M1's date of birth.

2. Questions Presented

For purposes of applications for child’s insurance benefits and the lump-sum death payment (LSDP) under Title II of the Social Security Act (Act) on the record of the deceased number holder (NH) M2~, you asked whether claimants J~, A1~, and M1~ are the NH’s children and if so, what the effective date is of their parent-child relationships. The NH died domiciled in Alabama on January XX, 2022. The NH is named as the father on the Alabama birth certificates for Claimant J~ (born in 2003) and Claimant A1~ (born in 2005). The NH was never married to their mother, M3~. The NH is named as the father on the Enumeration at Birth (EAB) Numident record for Claimant M1~, who was born in Texas in 2018. We have no information indicating that the NH was married to M1~’s mother, A2~.

3. Answer

Given the requirements for a written acknowledgment of paternity or court determination of parentage for a father to be named on a nonmarital child’s birth certificate under Alabama and Texas law, we believe there is legal support for the agency to find that the Claimants are the NH’s children pursuant to section 216(h)(3)(C)(i) of the Act for purposes of determining their entitlement to child’s insurance benefits and the LSDP on the NH’s record.^[5] We believe there is support for the agency to determine that the effective date of the parent-child relationship for Claimant J~ is her date of birth of December XX, 2003; the effective date of the parent-child relationship for Claimant A1~ is her date of birth on March XX, 2005; and the effective date of the parent-child relationship for Claimant M1~ is his date of birth on August XX, 2018.

4. Background

The NH died on January XX, 2022, domiciled in Alabama. We were unable to locate an obituary. We have no further information on the NH.

Evidence supporting the applications for Claimants J~ and A1~

On July XX, 2022, Claimant J~ filed an application for child’s insurance benefits and the LSDP on behalf of herself and her sister Claimant A1~. In support, she provided only their Alabama birth certificates.^[6]

Claimant J~ was born December XX, 2003, in Alabama.^[7] Claimant J~’s Alabama birth certificate (filed December XX, 2003) identifies her mother as M3~ and her father as the NH. The birth certificate reflects that Claimant J~ shares the same last name as the NH.

Claimant A1~ was born March XX, 2005, in Alabama. Claimant A1~’s Alabama birth certificate (filed April XX, 2005) identifies her mother as M3~ and her father as the NH. The birth certificate reflects that Claimant A1~ shares the same last name as the NH.

An agency report of contact screen indicates that the agency spoke with Claimant J~, who advised the agency that she and Claimant A1~ had not lived with the NH since they were small children, her parents were never married, the NH did not contribute to their support, and the NH was never court ordered to pay child support.^[8]

Evidence supporting the application for Claimant M~

On April XX, 2022, R~ (Aunt), Claimant M1~’s aunt, filed an application for child’s insurance benefits and the LSDP on his behalf on the NH’s record. Claimant M1~ was born August XX, 2018, in Texas. His Numident record reflects that it is an EAB Numident record (FMC: 6) and his SSN was established shortly after his birth (CYD: 09/XX/2018). The EAB Numident record for Claimant M1~ identifies A2~ in the mother’s name at birth field (MNA) and the NH in the father’s name at birth field (FNA). The Numident also shows that Claimant M1~ shares the same last name as the NH. We do not have a copy of his Texas birth certificate, though his Numident provides the State birth certificate number (BCN) for the Texas birth certificate issued for Claimant M1~.

An agency report of contact screen reflects that the Aunt has custody of Claimant M1~. The Aunt completed the Form SSA-2519 Child Relationship Statement in January 2023 and stated that the NH had been decreed by a court to be Claimant M1~’s parent; that the NH had been ordered by a court to contribute to Claimant M1~’s support; that the NH had written letters referring to Claimant M1~ as his child; that the NH listed Claimant M1~ as his child on employment applications; that the NH took Claimant M1~ to doctor and dentists visits and listed himself as a parent; that the NH paid for the child’s hospital expenses and gave information for the child’s birth certificate; and that the NH orally admitted that he was Claimant M1~’s father.

A Texas Department of Family and Protective Services (DFPS) caseworker provided a court order from the case In the Interest of A3~^[9] , M1~, and B~., District Court, 306th Judicial District, Galveston County, Texas. The Status Hearing Order and Additional Temporary Orders (Status Order) states that a hearing was held pursuant to Subchapter C, Chapter 263 of the Texas Family Code on January XX, 2021. The Status Order reflects the following:

•

A2~ is the mother of Claimant M1~.
•

The NH is the “presumed father” of Claimant M1~.
•

The court ordered supervised visitation between the NH and Claimant M1~.
•

An Initial Permanency Hearing Before Final Order was scheduled for April XX, 2021.

We have no information for the basis of the NH’s status as a presumed father. We have no further court documents from this case, including any final orders.

5. Analysis

a. Federal Law: Entitlement to Child's Insurance Benefits as a Child

To be entitled to the LSDP under Title II of the Act, a claimant must establish that he or she meets the requirements for child’s insurance benefits. See 42 U.S.C. § 402(i)(2); 20 C.F.R. § 404.392(a)(2). Under Title II of the Act, a claimant may be entitled to child’s insurance benefits on the record of an insured individual who has died or an individual who is entitled to old-age or disability benefits if, among other things, he or she is the individual’s child. See 42 U.S.C. § 402(d)(1); 20 C.F.R. §§ 404.350(a)(1), 404.354.^[10] The Act and regulations define “child” as an insured individual’s natural child, legally adopted child, stepchild, grandchild, step grandchild, or equitably adopted child. See 42 U.S.C. § 416(e); 20 C.F.R. §§ 404.354 – 404.359. Based on the evidence provided, our inquiry focuses on whether the Claimants are the NH’s natural children as the other terms are inapplicable.^[11] Given the identification of the NH as the Claimants’ father on their Alabama birth certificates and Texas birth registration related EAB Numident record, we focus on whether the agency may deem the Claimants to be the NH’s natural children under section 216(h)(3)(C)(i) of the Act.^[12]

b. Federal Law: A Natural Child under Section 216(h)(3(C)(i) of the Act

Under section 216(h)(3)(C)(i) of the Act, the biological child of a deceased number holder may be deemed to be the number holder’s child if, before the deceased number holder’s death:

(1) the number holder acknowledged in writing that the child was his child;

(2) a court decreed the number holder to be the child’s father; or

(3) a court ordered the number holder to contribute to the child’s support.

See 42 U.S.C. § 416(h)(3)(C)(i); 20 C.F.R. § 404.355(a)(3); POMS GN 00306.100.

1. Biological Relationship for Section 216(h)(3) Child Status: The Alabama birth certificates and the Texas birth registration related EAB Numident record are evidence of the Claimants' biological relationship with the NH for section 216(h)(3) purposes.

To establish status as a child under section 216(h)(3), the child must be the number holder’s biological child. See POMS GN 00306.100A (“Section 216(h)(3) requires that the child must be the NH’s son or daughter. Therefore, even if one of the requirements in GN 00306.100C is met, you must consider evidence showing that the NH is not the child’s biological parent.”). Of relevance here given the birth certificates and EAB Numident record evidence relied upon by the Claimants to support their parent-child relationship with the NH, agency policy instructs that the agency should not raise the issue of the child’s biological relationship with the NH if the child’s full birth certificate shows the NH as the child’s parent (and there is no information casting doubt on the biological relationship), or if the child’s Numident shows that it is an EAB record; the NH’s name is in the mother’s name at birth or father’s name at birth field of the EAB record; someone else is not listed in the same field in iterations following EAB; and the EAB record was established before the NH died. POMS GN 00306.105D, GN 00306.110D; see also POMS GN 00306.105E, GN 00306.110E (reasons to doubt biological relationship), GN 00306.125B.1.a (instructing that the agency may accept the child’s Numident record as evidence of the biological relationship if the child’s Numident shows that it is an EAB record, the NH’s name is in the mother’s name at birth or father’s name at birth field of the EAB record, someone else is not listed in the same field in iterations following EAB, and the EAB record was established before the NH died; or if the child’s full birth certificate shows the NH as the child’s parent (and there is no information casting doubt on the biological relationship)).

Under such policy, Claimant A1~’s Alabama full birth certificate naming the NH as her father is evidence of their biological relationship for section 216(h)(3) purposes. Similarly, Claimant J~’s Alabama full birth certificate naming the NH as her father is evidence of their biological relationship. Further, Claimant M1~’s EAB Numident record established before the NH’s death and listing the NH in the father’s name at birth field (and A2~ as his mother) is evidence of their biological relationship for section 216(h)(3) purposes.

2. Use of Birth Certificate or EAB Numident Record as Evidence of Written Acknowledgment of Paternity or Court Determination of Parentage for Section 216(h)(3) Child Status

For section 216(h)(3) child purposes, agency policy instructs that the agency may use information from a child’s birth certificate or the child’s EAB Numident record as evidence of a number holder’s written acknowledgment of the child or proof of a court determination of parentage. POMS GN 00306.105C2, 3, GN 00306.110C, GN 00306.120.

a. Policy: Birth Certificate

POMS GN 00306.120 sets forth the policy for using information from a child’s birth certificate as a written acknowledgment. POMS GN 00306.105C.2. This provision states that certain State laws or regulations require a father’s written consent or a court determination in order to identify a father as a nonmarital child’s father on the birth certificate.^[13] POMS GN 00306.120B. The agency is instructed to contact the State vital statistics office to determine if a written statement or court determination was filed with the birth certificate for a particular child. POMS GN 00306.120B.1. Alternatively, the agency may presume that there has been written acknowledgment or a court determination of paternity if the birth certificate shows illegitimacy and a precedent legal opinion shows that the applicable State law or regulations require the written acknowledgment or court determination of paternity to be filed in order for the father’s name to appear on the birth certificate or for the child’s last name to be the same as the father’s on the birth certificate. POMS GN 00306.120B.2. There is no current published precedent legal opinion for Alabama in POMS PR 01210.000 (state law requirements for showing information about father on child’s birth certificate). Thus, we will set forth Alabama law in this opinion given that the Alabama birth certificates for Claimants A1~ and J~, nonmarital children, identify the NH as their father.

b. Alabama Law and Birth Certificates: The agency can presume that the NH completed a written acknowledgment of paternity or was determined by a court to be their father given the NH’s name as their father on Claimant A1~’s and Claimant J~’s Alabama birth certificates.

Under Alabama law relevant to the birth certificates for Claimants J~ and A1~ and current law, if the mother was not married at the time of either conception or birth of a child or between conception and birth, the name of the father shall not be entered on the child’s birth certificate unless paternity has been determined by a court of competent jurisdiction or unless the legitimation process specified in sections 26-11-1 through 26-11-3 of the Alabama Code (which includes a procedure for legitimation by written declaration of the father as provided in section 26-11-2), or otherwise provided by law (which includes an acknowledgment of paternity as provided in section 26-17-22) has been completed. Ala. Code § 22-9A-7(f)(2); Ala. Admin. Code r. 420-7-1-.03(3)(a)(1); Ala. Admin. Code r. 420-7-1-.05(2)(b); see also POMS GN ATL00306.120B (the chart for Region IV States for using information from a birth certificate as written acknowledgment or proof of court order reflects that since 1992, Alabama has required written consent or a court order for a father to be named on the birth certificate of a nonmarital child). Thus, Alabama law instructs that if the parents are not married, the father is only named on the child’s birth certificate if there is a court order of paternity, a written declaration of legitimation by the father, or an acknowledgment of paternity by the father.See J.M.V. v. J.K.H., 149 So.3d 1100, 1103 (Ala. Civ. App. 2014) (noting that if the mother was not married to the father at or before the time she gave birth to the child, “the Alabama Office of Vital Statistics would not have been permitted to set forth any information about the father on the child’s birth certificate based merely on his attendance at the child’s birth”).

Consequently, because the NH is named as the father on Claimant J~’s Alabama birth certificate and on Claimant A1~’s birth certificate, for purposes of section 216(h)(3), the agency may presume that the NH completed a written acknowledgment of paternity or there was a court determination of paternity. Therefore, we believe there is legal support for the agency to deem Claimant J~ and Claimant A1~ to be the NH’s children pursuant to section 216(h)(3)(C)(i). See POMS GN 00306.105C2, GN 00306.110C, GN 00306.120.

c. Policy: EAB Numident Record

POMS GN 00306.105C.3 states that the child’s EAB Numident record can be proof of written acknowledgment of paternity. 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.” RM 10205.005B. Thus, the same information collected by the State’s vital statistics office for the State-issued birth certificate is also transmitted to SSA as part of the EAB process. See POMS RM 10205.505B (“EAB allows parents to complete applications for SSNs for their newborns as part of the hospital birth registration process.”). Given this understanding of the EAB process as it relates to the State’s birth registration and birth certificate process, we turn back to the policy on use of the EAB Numident as evidence of a written acknowledgment for section 216(h)(3) child purposes.

POMS GN 00306.105C.3 instructs that the child’s Numident constitutes evidence of written acknowledgment if the record: includes the form code showing it is an EAB record; shows the NH’s name in the mother’s name at birth or father’s name at birth field of the EAB Numident; does not show a name other than the NH’s name in the same field in iterations following the EAB; and the NH’s written consent was required by the State during the EAB process. As to this consent requirement, the POMS instruct the agency to contact the State vital statistics office or use a relevant precedent opinion to determine if written consent was required and refers the agency to POMS GN 00306.120, which sets forth agency policy on use of a birth certificate as proof of written acknowledgment or a court order (discussed above). There is no current published precedent legal opinion for Texas in POMS PR 01210.000 (state law requirements for showing information about father on child’s birth certificate). Thus, we will set forth Texas law in this opinion on the requirements for identifying a father of a nonmarital child on the birth record given that Claimant M1~ has an EAB Numident record that identifies the NH as his father.

d. Texas Law and Birth Registration: The agency can presume that the NH completed a written acknowledgment of paternity or was determined by a court to be his father as part of the birth registration process in Texas given the NH’s name as his father on Claimant M1~’s EAB Numident record.

Texas law relevant to Claimant M1~ and current law provides that the items on a birth certificate relating to a child’s father should only be completed if the child’s mother was married to the father; paternity is established by a court order; or a valid acknowledgment of paternity has been executed by the father and filed with the State’s vital statistics unit. Tex. Health & Safety Code Ann. § 192.005(a); see also Tex. Health & Safety Code Ann. § 192.001 (the birth of each child born in Texas shall be registered), § 192.012(a) (if the child’s mother is not married to the child’s father, a person responsible for filing the birth certificate shall provide an opportunity for the child’s mother and putative father to sign an acknowledgment of paternity); In Interest of F.E.N., 542 S.W.3d 752, 767 n.12 (Tex. App. – Houston [14th Dist.] 2018, pet. denied) (noting that the hospital where the child was born would not have been permitted to list the father on the birth certificate without a valid acknowledgment of paternity form and that the hospital was responsible for filing both documents with the correct authority).^[14]

Here, we do not have Claimant M1~’s Texas birth certificate, but we do have his EAB Numident record, which identifies the NH as his father.^[15] As noted, POMS GN 00306.105C.3 instructs that the child’s Numident constitutes evidence of written acknowledgment if the record: includes the form code showing it is an EAB record; shows the NH’s name in the mother’s name at birth or father’s name at birth field of the EAB Numident; does not show a name other than the NH’s name in the same field in iterations following the EAB; and the NH’s written consent was required by the State during the EAB process. This POMS provision references GN 00306.120, pertaining to when the agency can use a birth certificate as proof of written acknowledgment of paternity or proof of a court order, for more information on determining if consent was required to be identified as a parent. POMS GN 00306.105C.3.

The Texas Department of Health and Human Services website explains that “[t]he purpose of the Texas Birth Registrar Certification is to improve birth registration in Texas by standardizing data collection and entry. Improving birth registration is critical to make sure Texans receive valid birth certificates and that the data represents their health. The state of Texas collaborates with a variety of state and federal partners agencies,” including SSA. Birth Registrars | Texas DSHS (last visited May 24, 2023). The Texas website instructs: “If the mother and father of the child are not married, an [Acknowledgment of Paternity] should be completed. Birth Registrars are required to receive training and certification for this process annually from the Attorney General’s Office.” Id. The Texas Department of Health and Human Services provides the Birth Worksheet for Child’s Birth Certificate (Form VS-109, rev. 07/21). Id. This Texas birth worksheet is used to provide a complete and accurate birth certificate. It is on this Texas birth worksheet where parents can select “yes” or “no” to authorize release of information to SSA to issue an SSN for the child. The Texas birth worksheet requires information about the mother, including her marital status, whether an acknowledgment of paternity was signed, and information about the father. Id. Thus, the same information collected and sent to the Texas Department of Health and Human Services for the Texas birth certificate as part of the hospital birth registration process, which includes identifying the child’s mother and father, is transmitted by the State to SSA as part of the EAB process. See POMS RM 10205.001B, RM 10205.005B, RM 10205.505.

As noted, because the mother and the NH were not married, the NH could only be identified as Claimant M1~’s father on his Texas birth record if the NH’s paternity was established by a court order or a valid acknowledgment of paternity had been executed by the NH and filed with the State’s vital statistics unit. Tex. Health & Safety Code Ann. § 192.005(a). As such, because the NH is named as the child’s father on Claimant M1~’s EAB Numident record established at the time of his birth in accordance with Texas law on birth registration, the agency may presume that the NH completed a written acknowledgment of paternity or there was a court determination of paternity to be identified as the child’s father as required by Texas law. Therefore, we believe there is legal support for the agency to deem Claimant M1~ to be the NH’s child pursuant to section 216(h)(3)(C)(i). See POMS GN 00306.105C.3, GN 00306.120.

c. Effective Date of the Parent-Child Relationship for Section 216(h)(3)

Finally, if parent-child relationships were established between the NH and the Claimants, you asked for the effective date of such parent-child relationships. The POMS instruct that the parent-child relationship based on a written acknowledgment begins on the date of the written acknowledgment, unless the evidence points to an earlier date. POMS GN 00306.105F. Similarly, the POMS instruct that the parent-child relationship based on a court order begins on the date of the court order, unless the evidence points to an earlier date. GN 00306.110F.

Here, we do not have the underlying written acknowledgments or any court determinations that allowed the NH to be named as the Claimants’ father on their birth certificates. Given that the NH was named as the father on the Alabama birth certificates for Claimants J~ and A1~ issued at the time of their birth, we believe it would be reasonable for the agency to find that the effective date of their parent-child relationships with the NH is their date of birth – December XX, 2003, for Claimant J~ and March XX, 2005, for Claimant A1~. Similarly, given that the NH was named as the father as part of the Texas birth registration and EAB Numident process for Claimant M1~, we believe it would be reasonable for the agency to find that the effective date of the parent-child relationship is his date of birth, August XX, 2018.

6. Conclusion

Given the requirements for a written acknowledgment of paternity or court determination of parentage for a father to be named on a nonmarital child’s birth certificate under Alabama and Texas law, we believe there is legal support for the agency to find that the Claimants are the NH’s children pursuant to section 216(h)(3)(C)(i) of the Act for purposes of determining their entitlement to child’s insurance benefits and the LSDP on the NH’s record. We believe the agency may reasonably determine that the effective date of the parent-child relationship for Claimant J~ is her date of birth of December XX, 2003; the effective date of the parent-child relationship for Claimant A1~ is her date of birth on March XX, 2005; and the effective date of the parent-child relationship for Claimant M1~ is his date of birth on August XX, 2018.

C. PR 01-090 Establishing Precedents for Using Information from Child's Birth Certificate as Written Acknowledgment or Proof of Court Order of Paternity

DATE: November 20, 2000

This opinion has been removed due to changes in Texas state law.

DATE: February 11, 2020

Footnotes:

^[1]

POMS GN 00306.120B.2 instructs in full: “[Y]ou may presume that there has been a written acknowledgment or court determination of paternity, but only if: [1] The [birth certificate] shows illegitimacy per GN 00306.120B.3; and [2] a precedent Office of the General Counsel (OGC) legal opinion shows that applicable State law or regulations require the written acknowledgment or court determination of paternity to be filed in order for the father’s name to appear on the [birth certificate], or for the child’s surname to be the same as the father’s on the [birth certificate].” The focus of this legal opinion is only upon the second criteria concerning State law requirements for a father’s name to appear on a non-marital child’s birth certificate as the child’s father. The agency should apply the full requirements of POMS GN 00306.105 and GN 00306.120. We note that in terms of the child’s surname on the original birth certificate, there is no Texas law requiring written consent or a court order in choosing a child’s last name. See In the Interest of H.S.B., 401 S.W.3d 77, 83 (Tex. App. – El Paso 2011, no pet.) (“parents often follow custom and tradition when choosing the [child’s] original surname – most children born out of wedlock receive the mother’s surname, and most children born during marriage receive the father’s surname”); In re Guthrie, 45 S.W.3d 719, 724 (Tex. App. – Dallas, 2001, pet. denied)(noting “there is no Texas statutory requirement that a child receive his or her father’s surname under any circumstance of birth,” “Texas has no statute giving the right to name a child to either parent,” and courts “must not give preference to one parent’s name over another on the basis of whether the parent is the father or the mother”); see also In the Interest of C.M.V., 2015 WL 2265388, at *4 (Tex. App. – El Paso 2015, no pet.) (a father does not have a constitutional right to have his children bear his last name). A subsequent change to a child’s surname on the birth certificate requires a court order. See Tex. Fam. Code Ann. §§ 45.001 – 45.005 (provisions regarding change of name of a child if the change is in the child’s best interest); Tex. Fam. Code Ann. § 160.636(e) (if a court has adjudicated parentage, a court may, on request of a party and for good cause shown, change the child’s name).

^[2]

POMS GN 00306.105C.3 instructs in full: “The Numident constitutes evidence of written acknowledgment if it: [1] includes an iteration that shows a ‘6’ in the form code (FMC) field of the INTERNAL line, indicating an Enumeration at Birth (EAB) record; [2] shows the NH’s name in the mother’s name at birth (MNA) or father’s name (FNA) field of the EAB Numident, setting aside minor discrepancies as described in GN 00203.020A.2.C; [3] does not show a name other than the NH’s in the same field (MNA or FNA) in iterations following EAB; and [4] the NH’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.” The focus of this legal opinion is only upon the fourth criteria concerning whether written consent was required by the State during the EAB process. The agency should apply the full requirements of POMS GN 00306.105 and GN 00306.120.

^[3]

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). More information on the EAB process can also be found in SSA’s Bureau of Vital Statistics State Processing Guidelines for Enumeration at Birth, SSA (August 2021), available on SSA’s website, The United States Social Security Administration | SSA (last visited March 12, 2024).

^[4]

The Texas Department of Health and Human Services, Vital Statistics website provides information for Birth Registrars explains that “[t]he purpose of the Texas Birth Registrar Certification is to improve birth registration in Texas by standardizing data collection and entry. Improving birth registration is critical to make sure Texans receive valid birth certificates and that the data represents their health. The state of Texas collaborates with a variety of state and federal partners agencies,” including SSA. Birth Registrars | Texas DSHS (last visited March 12, 2024). The website further states: “If the mother and father of the child are not married, an [Acknowledgment of Paternity] should be completed. Birth Registrars are required to receive training and certification for this process annually from the Attorney General’s Office.” Id. The Texas Department of Health and Human Services provides the “Birth Worksheet for Child’s Birth Certificate” (Form VS-109, rev. 07/21) to “assist[] in filling out the birth record as completely and accurately as possible.” Id. It is on this Texas birth worksheet where parents can select “yes” or “no” to authorize release of information to SSA to issue an SSN for the child. The Texas birth worksheet requires information about the mother, including her marital status, whether an acknowledgment of paternity was signed, and information about the father. Id.

^[5]

You asked about the status of the Claimants as the NH’s children pursuant to section 216(h)(3) of the Act and section 216(h)(2)(A) of the Act and Alabama intestate succession law, given that the NH died domiciled in Alabama. To inherit under Alabama intestate succession law, a nonmarital child must establish the alleged father’s paternity by a court adjudication before the father’s death or by clear and convincing proof. See Ala. Code §§ 43-8-40, 43-8-42(1), 43-8-48(2)(b); Clemons v. Howard, 124 So.3d 738, 746 (Ala. Civ. App. 2013); see also Jackson v. Apfel, 105 F.Supp. 2d 1220, 1221 (N.D. Ala. 2000) (discussing the intermediate clear and convincing standard of proof). The Claimants have all provided very little evidence to support their applications. It is likely that more evidence would be needed in order to consider status as a child under Alabama intestate succession law in applying the clear and convincing standard of proof. However, because the Claimants can establish the parent-child relationship with the NH under section 216(h)(3)(C), we have not asked the agency to further develop the record and have not further considered whether the Claimants could also inherit from the NH as his child under Alabama intestate succession law per section 216(h)(2)(A) of the Act. See Program Operations Manual System (POMS) GN 00306.002A (“Except for a posthumously conceived child, develop the child’s relationship under any category in the chart in GN 00306.002F that will facilitate entitlement . . .. You may develop the child’s relationship under more than one category concurrently or consecutively, e.g., development under State law and section 216(h)(3).”).

^[6]

The agency requested that she complete the Form SSA-2519 Child Relationship Statement, but such document was not returned to the agency.

^[7]

Your legal opinion request mistakenly lists Claimant J~’s birthdate as December XX, 2004, instead of December XX, 2003.

^[8]

An agency report of contact screen further reflects that the agency had a phone conversation with T~, Claimant A1~’s grandmother. The report of contact reflects that Claimant A1~ lived with her grandmother (an SSI recipient who has a representative payee). Additionally, the report of contact states that Claimant J~ turned 18 in December 2021 and graduated from high school in May 2022. The report of contact indicates that Claimant J~ would be due student benefits from January 2022 – May 2022.

^[9]

We note that A3~ in this case (mother A2~, presumed father C1~) appears to be a different individual from Claimant A1~ (mother M3~, father NH). We have no other information on the other two children listed in this Status Order – A3~ and B~. It appears that there is no link between the NH and these two children. Claimant M1~, A3~, and B~ all share the same mother (A2~) but each has a different father.

^[10]

The Claimants must satisfy other criteria for their applications for child’s insurance benefits that are outside the scope of this legal opinion request, including showing that they were “dependent upon” the insured individual “at the time of [the individual’s] death” in order to be eligible for benefits. 42 U.S.C. § 402(d)(1)(C)(ii); 20 C.F.R. § 404.360. A child is “deemed” dependent on the insured individual if the child is “legitimate” or was living with or being supported by the wage earner at the time of his death. 42 U.S.C. § 402(d)(3). A claimant can satisfy the legitimacy criterion by meeting the requirements of sections 216(h)(2)(B) or 216(h)(3) of the Act, see id. § 402(d)(3), or by meeting the intestacy requirements of section 216(h)(2)(A) of the Act, see Matthews v. Lucas, 427 U.S. 495, 515 n.17 (1976); 20 C.F.R. § 404.361(a). Consistent with the scope of your legal opinion request, we focus only on the requirement of a parent-child relationship between a claimant and the insured individual. See 20 C.F.R. § 404.350(a)(1).

^[11]

There is no evidence supporting the Claimants as the NH’s adopted children, equitably adopted children, grandchildren, or stepchildren.

^[12]

As noted above, we have not addressed in the alternative, the Claimants’ status as natural children by application of Alabama intestate succession law under section 216(h)(2)(A) of the Act.

^[13]

Here, it is our understanding that all of the Claimants are nonmarital children. Where a child is born to a validly married couple, the agency generally presumes the child is the legal marital child of both the child’s birth mother and her spouse and generally presumes that a child born to a validly married couple would inherit from the birth mother’s spouse in all States. POMS GN 00306.013A. In these situations of a child born to a validly married couple, to find status as a number holder’s child, the agency requires evidence that the number holder’s spouse is the child’s birth mother and legal parent in the form of the EAB Numident or birth record, evidence of the number holder’s relationship to the child in the form of the EAB Numident or birth record, and evidence of the marriage. POMS GN 00306.013B.

^[14]

The Texas Attorney General’s Office website also explains that “[i]n order to add a father’s name to a birth certificate, he must first be established as the child’s legal father” and identifies an acknowledgment of paternity and court order of paternity as ways to establish legal fatherhood for an unmarried father. How to Add a Father to a Birth Certificate | Office of the Attorney General (texasattorneygeneral.gov) (last visited May 25, 2023).

^[15]

You listed a Texas birth certificate among the attachments with the legal opinion request, but we did not receive a copy of a Texas birth certificate. You provided his EAB Numident, and we are able to issue this legal opinion using this information. The EAB Numident identifies his Texas birth certificate number. As explained in this legal opinion, we understand that the names of his parents as shown on his EAB Numident record would be similarly reflected on Claimant M1~’s Texas birth certificate.

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PR 01210.048 - Texas - 04/02/2024
Batch run: 04/02/2024
Rev:04/02/2024