TN 12 (11-08)

PR 01310.024 Massachusetts

A. PR 09-004 Validity of Adoption of Person over the Age of 21 - Massachusetts - NH: Delia L. P~

DATE: October 16, 2008

1. SYLLABUS

Massachusetts statute provides that any adult may adopt as his or her child "another person younger than himself, unless such other person is his or her wife or husband, or brother, sister, uncle or aunt, of the whole or half blood." Therefore, a person may adopt an adult younger than him or herself as long as the adopted individual is not related.

2. OPINION

This is in response to your request for an opinion concerning whether the adoption of the claimant, John M.-P~, by the number holder, Delia I. P~, is valid under Massachusetts law. For the following reasons, we believe the adoption is valid.

The materials you submitted indicate that the claimant filed for child's benefits on the record of Delia P~ on September 24, 2008. The number holder has been receiving retirement benefits since January 1998. The claimant, who was born on May 26, 1966, currently receives disability benefits and SSI benefits on his own account number. A Report of Contact states that the number holder has been the claimant's foster mother since 1983. Delia P~ adopted the claimant on September 22, 2008, and furnished a copy of the Special Certificate of Adoption issued by the Probate and Family Court pursuant to Mass. Gen. Laws Ann. ch. 210 § 6A.

Massachusetts law allows for the adoption of a person over the age of twenty one. The applicable Massachusetts statute provides that any adult may adopt as his or her child "another person younger than himself, unless such other person is his or her wife or husband, or brother, sister, uncle or aunt, of the whole or half blood." Mass. Gen. Laws Ann. ch. 210 § 1. The claimant here is younger than the number holder and there is no evidence that the claimant is in any manner related to the number holder. Accordingly, the adoption is valid.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1501310024
PR 01310.024 - Massachusetts - 11/12/2008
Batch run: 01/27/2009
Rev:11/12/2008