QUESTION
You asked whether the foreign adoption of M~ and N~ (Claimants) is valid for purposes
of establishing the Claimants’ entitlement to child’s insurance benefits on the account
of X~ (NH).
SHORT ANSWER
Yes. NH and his wife adopted Claimants in accordance with customary law in the State
of Chuuk in the Federated States of Micronesia (FSM), and the Chuuk State Supreme
Court confirmed the validity of the customary adoption. Because the foreign adoption
is valid and the Claimants were dependent on the NH when they filed their applications,
the Claimants are entitled to child’s insurance benefits on the NH’s account.
SUMMARY OF EVIDENCE
M2~ and M3~ are both biological daughters of the NH. M2~ gave birth to M~ on July
XX, 2007 out of wedlock. M3~ gave birth to N~ on July XX, 2008, also out of wedlock.
Both M~ and N~ are citizens of the United States, and residents of Hawaii. They are
also citizens of the FSM by virtue of their natural parents.
Pursuant to Chuukese customs and traditions, the NH and his wife assumed custody of
the Claimants at birth and provided them care, support and maintenance.
On March XX, 2015, the Chuuk State Supreme Court issued an order confirming the NH’s
customary adoption of the Claimants. The Court found that the NH and his wife assumed
custody of the Claimants under Chuukese custom, the Claimants’ natural mothers consented
to the customary adoption, no one contested or objected to the adoption, and the adoption
was in the Claimants’ best interest. Accordingly, the Court granted the NH’s petition
for customary adoption of Claimants.
ANALYSIS
Federal Law
Under the Social Security Act (Act), every unmarried minor child of an individual
entitled to old-age or disability benefits shall be entitled to child’s insurance
benefits. Social Security Act § 202(d)(1); 20 C.F.R. § 404.350. However, to receive
child’s insurance benefits, the applicant must qualify as the insured individual’s
child or legally adopted child and be dependent on him or her at the time the child
filed his application for child’s insurance benefits. Social Security Act §§ 202(d)(1),
216(e)(1); see also 20 C.F.R. §§ 404.350, 404.356 (“You may be eligible for benefits as the insured’s
child if you were legally adopted by the insured”).
In determining whether an applicant is the insured’s legally adopted child, the agency
evaluates the validity of the adoption under the laws of the State or foreign country
where the adoption took place. 20 C.F.R. § 404.356; Program Operations Manual System
(POMS) GN 00306.135.[1]
If the insured individual legally adopted the applicant before the insured became
entitled to old-age or disability benefits, the agency deems the applicant dependent
on him or her. 20 C.F.R. § 404.362(a). However, if the insured individual adopted
the applicant after he or she became entitled to old-age or disability benefits, the
agency will only consider the applicant dependent if (1) the applicant was under 18
years old at the time the adoption proceedings began, and the adoption decree was
issued by a court of competent jurisdiction in the United States; or (2) the applicant
turned 18 years old before the adoption proceedings began, the adoption decree was
issued by a court of competent jurisdiction in the United States, and the applicant
was living with or receiving at least one-half of his or her support from the insured
in the year immediately preceding the month in which the adoption decree was issued.
20 C.F.R. § 404.362(b); POMS GN 00306.137.C.
Validity of Claimants’ Adoption
The NH’s customary adoption of the Claimants took place in the State of Chuuk in the
FSM. Thus, we look to the State of Chuuk’s law to determine the validity of the adoption.
See 20 C.F.R. § 404.356 (“We apply the adoption laws of the State or foreign country
where the adoption took place … to determine whether you are the insured’s legally
adopted child.”).
The statutory law of the FSM and the State of Chuuk provide for judicial recognition
of customary adoptions “effected in accordance with recognized custom.” 6 FSM §§ 1614,
1615 (Federated States of Micronesia 2014), available at https://perma.cc/PV25-KAQN (last visited July 22, 2016); In re Marquez, 5 FSM INTRM. 381 (1992), available at http://fsmsupremecourt.org/WebSite/fsm/decisions/vol5/5fsm381_385.htm (last visited July 22, 2016). Specifically, the State of Chuuk’s statutory law provides
that adoptions in accordance with local custom shall be recognized, and that the Trial
Division of the Chuuk State Court has jurisdiction to hear a petition for a decree
confirming the adoption. 23 Draft Chuuk State Code §§ 1003, 1004 (2001) (unenacted
draft code compiling enacted laws), available at http://fsmsupremecourt.org/WebSite/chuuk/code/title23/T23_Ch01.htm (last visited July 22, 2016). The requirements for recognition of a customary adoption
depend on how the particular adoption is typically effected by the custom at issue.
See generally id.
Here, the NH and his wife petitioned the Chuuk State Supreme Court to confirm their
adoption of the Claimants. The Court found that the NH and his wife assumed custody
of the Claimants at birth pursuant to Chuukese custom, the Claimants’ natural mothers
consented to the adoption, no one contested or objected to the adoption, and the adoption
was in the Claimants’ best interest.
While the Court did not describe the specific requirements of the custom at issue,
the Court discussed the factors above and concluded that the NH and his wife adopted
the Claimants in accordance with Chuukese custom. The Court therefore confirmed that
the customary adoption was valid under the law of the State of Chuuk. Based on the
specific facts at issue here, we therefore conclude that the NH legally adopted the
Claimants under the laws of the State of Chuuk in the FSM.
Claimants’ Dependency on the NH
The remaining issue is whether the Claimants were dependent on the NH at the time
Claimants applied for child’s insurance benefits. See Social Security Act § 216(e)(1). The agency will deem the Claimants dependent on
the NH if he legally adopted them before the NH became entitled to old-age benefits.
20 C.F.R. § 404.362(a). Here, the Chuuk State Supreme Court issued an order confirming
the NH’s customary adoption of the Claimants on March XX, 2015, approximately two
years after the NH became entitled to old-age benefits.[2] However, under the State of Chuuk’s statutory law, the Court’s decree merely confirmed
an otherwise valid customary adoption. 23 Draft Chuuk State Code § 1004(1) (2001)
(The Court will issue a decree confirming the adoption effected in accordance with
recognized custom if the validity is questioned or disputed by anyone in such a manner
as to cause serious embarrassment or to affect property rights). Thus, although the
Court issued the decree after the NH became entitled to benefits, the customary adoption
was effected when the NH assumed custody of the Claimants at birth pursuant to Chuukese
custom. See also POMS PR 01325.232 (concluding the claimant was legally adopted at the time she was placed in the insured’s
custody pursuant to customary law of the Republic of the Marshall Islands (RMI), where
an RMI court confirmed the customary adoption several years later). The Court decree
simply confirmed this was a valid adoption under Chuuk statutory law. Based on the
specific facts of Claimants’ adoption, we therefore conclude that the Claimants were
dependent on the NH at the time they applied for child’s insurance benefits.
CONCLUSION
The NH’s customary adoption of the Claimants was valid under the laws of the State
of Chuuk in the FSM. Because the Claimants are the NH’s legally adopted children and
they were dependent on the NH at the time Claimants filed their applications, they
are entitled to child’s insurance benefits on the NH’s record.