QUESTION PRESENTED
P~ (NH) is entitled to disability insurance benefits effective February 2024. M~ (Claimant)
filed an application for child’s insurance benefits on the NH’s record as a disabled
adult child. The NH, who married the Claimant’s father in 2012, adopted the Claimant
on July XX, 2022, when the Claimant was 29 years old. The adoption took place in Maine.
As evidence, the Claimant provided a final decree of adoption issued by a probate
court in Maine. You asked whether the Claimant is the NH’s legally adopted child under
the Social Security Act (Act) for purposes of determining her entitlement to Title
II child’s benefits on the NH’s record.[1]
ANSWER
In determining whether she is entitled to child’s insurance benefits on the NH’s record
as a disabled adult child, we believe there is legal support for the agency to find
that the Claimant is the NH’s legally adopted child under the Act based on the Maine
probate court’s final decree of adoption. This final decree of adoption complies with
Maine’s adoption laws, which allow for adult adoption. The adoption was effective
on July XX, 2022.
BACKGROUND
The NH is entitled to disability insurance benefits effective February 2024. The Claimant
filed an application for child’s insurance benefits on the NH’s record as a disabled
adult child.
The Claimant was born on March XX, 1993. She turned 18 on March XX, 2011 and is presently
33 years old. The Claimant’s birth parents are M1~ (Claimant’s Father) and I~ (Claimant’s
Biological Mother). The Claimant’s Father married the NH on February XX, 2012. A Maine
court document shows that on July XX, 2013, the NH and the Claimant’s Father were
appointed guardians of the Claimant, who was age 20 at the time. They were all living
together in Maine. The NH adopted the Claimant on July XX, 2022, when the Claimant
was 29 years old. The adoption took place in Maine.
The Claimant provided the following court documents from the Maine adoption case:
In the Matter of the Adoption Petition of M~, Probate Court, Cumberland County, State of Maine:
• The Claimant and the Claimant’s Father, as her guardian, signed a “Consent of Person
(12 Years Old or More) To Be Adopted 18-C M.R.S. § 9-302” on July XX, 2022. The Claimant
acknowledged that the court informed her of the existence of the adoption registry
and the services available under Me. Rev. Stat. Ann. tit. 22, § 2706-A. She consented
to the adoption by the petitioners, the NH and Claimant’s Father.
• The probate court judge signed the “Findings and Decree of Adoption of Child 18-C
M.R.S. § 9-308” (Adoption Decree) on July XX, 2022. The court decreed: “Wherefore,
I decree that said petition be granted, that from the date of this decree said adoptee
is the child of petitioner’s [the NH] and [the Claimant’s Father]. I further decree
that the name of said adoptee remain [the Claimant] without requiring public notice
of such change.”
ANALYSIS
A. Federal Law: Status as a Legally Adopted Child for Child’s Insurance
Benefits
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, the claimant is the individual’s
child. See 42 U.S.C. § 402(d)(1); 20 C.F.R. §§ 404.350(a)(1), 404.354; see also POMS RS 00203.001. [2] The Act and regulations define “child” as an insured individual’s natural child,
legally adopted child, stepchild,[3] grandchild, step grandchild, or equitably adopted child. See 42 U.S.C. § 416(e); 20 C.F.R. §§ 404.354 – 404.359; see also POMS GN 00306.002. Given the circumstances of their relationship and the evidence provided, you have
asked whether the Claimant is the NH’s legally adopted child.[4]
To determine whether a claimant is a legally adopted child, the agency applies the
adoption laws of the State or foreign country where the adoption took place (not the
State inheritance laws described in § 404.355). See 20 C.F.R. § 404.346; see also POMS GN 00306.135. Here, the adoption took place in Maine on July XX, 2022, when the Claimant was 29
years old. Thus, we apply Maine law to determine if the Claimant is the NH’s legally
adopted child.
B. Maine Adoption Law: Maine Law Permits Adult Adoptions
1. Statutory Requirements for a Legal Adoption
Maine’s adoption statutes must be strictly followed. Adoption of
Parker, 185 A.3d 51, 56 (Me. 2018) (“the procedural prerequisites for adoption are rigorous
and must be strictly followed”). Maine’s adoption statutes are found in the Maine
Adoption Act, which is located within the Probate Code, Me. Rev. Stat. Ann. tit. 18-C,
§§ 9-101 – 9-404.[5] Probate courts have jurisdiction over adoptions. Me. Rev. Stat. Ann. tit. 18-C, §
9-103. Spouses may jointly “petition the court to adopt a person, regardless of age,
and to change that person’s name.” Me. Rev. Stat. Ann. tit. 18-C, § 9-301; see
also Me. Rev. Stat. Ann. tit. 18-C, § 9-303 (the petition for adoption must be sworn to
by the petitioner and must include certain identifying information about the petitioner(s)
and adoptee). Thus, Maine permits adult adoptions. See Me. Rev. Stat. Ann. tit. 18-C, § 9-301; see also In re Adoption of Patricia S., 976 A.2d 966, 971 (Me. 2009) (construing a prior version of this statute and finding
that the “regardless of age” language “makes clear that the statute also governs adult
adoptions”).
The statutory procedures for adoption are found at §§ 9-301 – 9-316. We focus only
on the procedures and requirements relevant to an adult adoption given the facts of
the present matter. Before an adoption is granted, written consent to the adoption
must be given by the adoptee, if the adoptee is 12 years of age or older. Me. Rev.
Stat. Ann. tit. 18-C, § 9-301(1)(A). Consent to adopt is not required of a parent
of an adoptee who is 18 years of age or older. Id. at § 9-301(1)(B), (2). The court shall interview an adoptee who is 12 years of age
or older to determine the adoptee’s attitudes and desires about the adoption and other
relevant issues. Id. at § 9-305(1).
The court shall grant a final decree of adoption following a hearing (unless waived)
if the court is satisfied from the hearing or record that all necessary consents,
relinquishments or terminations of parental rights have been duly executed and filed
with the court; the petitioner is a suitable adopting parent and desires to establish
a parent-child relationship with the adoptee; the best interest of the adoptee is
served by the adoption; and all requirements of the Maine Adoption Act have been met.
Me. Rev. Stat. Ann. tit. 18-C, § 9-308(1). The court shall enter its findings in a
written final decree that includes the new name of the adoptee. Id. at § 9-308(3). The final decree must order that from the date of the decree the adoptee
is the child of the petitioner and must be accorded status set forth in § 9-105, which
provides that an adopted person has all the same rights that a child born to the adoptive
parents would have. Id. at §§ 9-105, 9-308(3). An order granting the adoption of the child by the petitioner
divests the parent and child of all legal rights, powers, privileges, immunities,
duties and obligations to each other as parent and child, except an adoptee inherits
from the adoptee’s former parents if provided in the adoption decree. Id. at § 9-308(6)(A).
2. Application of the Law to the Claim
In accordance with Maine law, the documents show that the NH and the Claimant’s Father,
who were married and residents of Maine and who had been appointed guardians of the
Claimant in 2013, jointly petitioned a probate court in Maine to adopt the Claimant,
who was an adult at the time of the adoption in 2022. See Me. Rev. Stat. Ann. tit. 18-C, §§ 9-103, 9-301, 9-303. As required, the Claimant
and the Claimant’s Father provided written consent to the adoption. See Me. Rev. Stat. Ann. tit. 18-C, § 9-301(1)(A). In the Consent, the Claimant acknowledged
that the court informed her of the existence of the adoption registry and the services
available under Me. Rev. Stat. Ann. tit. 22, § 2706-A. In the Adoption Decree, the
probate court stated that a hearing was held on the adoption petition. The court stated
that all necessary consents, releases or terminations of parental rights had been
executed and filed. The court stated that an adoption study was not required. All
required notices had been served. The court found the petitioners to be suitable adopting
parents with the desire to establish a parent-child relationship with the adoptee.
The court found that adoption was in the adoptee’s best interests. The court found
that all other statutory requirements were met. The court ordered that the Claimant’s
name was not changed with the adoption. The court ordered that the Claimant shall
retain the right to inherit under Maine law. The court decreed: “Wherefore, I decree
that said petition be granted, that from the date of this decree said adoptee is the
child of petitioner’s [the NH] and [the Claimant’s Father]. I further decree that
the name of said adoptee remain [the Claimant] without requiring public notice of
such change.”
The probate court for Cumberland County, Maine appears to have followed Maine adoption
law in issuing the Adoption Decree signed on July XX, 2022, establishing the Claimant
as the NH’s adopted child. See Me. Rev. Stat. Ann. tit. 18-C, §§ 9-105, 9-308. Thus, we believe there is legal support
for the agency to find the Claimant to be the NH’s legally adopted child under the
Act for Title II benefit purposes.[6] See 42 U.S.C. §§ 402(d)(1), 416(e)(1); 20 C.F.R. §§ 404.350, 404.356.
CONCLUSION
For purposes of determining her entitlement to Title II child’s insurance benefits
on the NH’s record, because the Adoption Decree appears to comply with Maine adoption
laws, we believe there is legal support for the agency to find that the Claimant is
the NH’s legally adopted child, effective July XX, 2022.