Panama’s Adoption Law provides that a ruling issued in a judicial proceeding is required to establish the filiation relationship created by an adoption. The ruling is then sent to Panama’s Civil Registry. For children younger than seven, a new birth certificate is issued with the last name of the adoptive parents. A copy of the new birth certificate may be obtained from the Civil Registry. For confidentiality reasons, the copy does not include specifics regarding the adoption proceedings. Parties to the adoption proceedings have access to the adoption records if necessary.

In this case, the Claimant’s Panamanian birth certificate is not enough to establish an adoption under Panamanian law. We suggest the agency seek additional evidence related to whether the Claimant’s adoption was valid under the laws of Panama, such as proof that the adoption was established by a judicial ruling.

Whether E~ (Claimant) is the adopted child of J~ (Number Holder (NH)), for the purpose of determining Claimants’ entitlement to Child’s Insurance Benefits (CIB) on NH’s earnings record, where NH’s only proof of adoption is a Panamanian birth certificate that lists NH as the Claimant’s father.

No. Claimant’s Panamanian birth certificate is not enough to establish an adoption under Panamanian law. We suggest the agency seek additional evidence related to whether the Claimant’s adoption was valid under the laws of Panama, such as proof that the adoption was established by a judicial ruling.

According to the information provided, NH adopted Claimant in Panama on June XX, 2014 at the time NH was a resident of Panama. On May XX, 2020, NH applied for CIB on behalf of Claimant. As proof of the adoption, he submitted Claimant’s Panamanian birth certificate. The birth certificate shows Claimant was born in March 2010. The birth certificate indicates a legal representative declared the birth before an officer of the civil registry on May XX, 2016. The birth certificate lists NH as Claimant’s father and shows her having the same last name as NH and her listed mother. The City of Panama issued the birth certificate on July XX, 2016. NH stated a Panamanian court gave him the birth certificate.

A claimant may be eligible for CIB on the earnings record of an individual entitled to old-age or disability benefits if the claimant is the insured individual’s “child.” See Social Security Act (Act) § 202(d)(1); 20 C.F.R. § 404.350(a)(1) (2021)^[1] Program Operations Manual System (POMS) GN 00306.002A, B; POMS RS 00203.001A.1.b^[2] . The regulations define a child as a natural child, legally adopted child, stepchild, grandchild, step-grandchild, or equitably adopted child. See 20 C.F.R. §§ 404.355-359. In order to determine whether a claimant is a legally adopted child, the Social Security Administration applies the adoption laws of the State or the foreign country where the adoption took place. 20 C.F.R. § 404.356; POMS GN 00306.135; GN 00306.155C. To be a legal adoption, the adoption must be valid under the law of the State or foreign country where it took place. See id. Accordingly, Claimant may qualify for benefits as the legally adopted child of the NH, if the adoption was valid under the law of Panama, the foreign country where the adoption took place.

Panama’s Adoption Law provides that a ruling issued in a judicial proceeding is required to establish the filiation relationship created by an adoption. See The Law Library of Congress, Global Legal Research Directorate, LL File No. 2021-020238. The ruling is then sent to Panama’s Civil Registry. See id. For children younger than seven, a new birth certificate is issued with the last name of the adoptive parents. A copy of the new birth certificate may be obtained from the Civil Registry. See id. For confidentiality reasons, the copy does not include specifics regarding the adoption proceedings. See id. However, parties to the adoption proceedings have access to the adoption records if necessary. See id.

In this case, although Claimant’s birth certificate indicates Claimant has NH’s last name and lists NH as her father, NH does not present proof of a ruling issued in a judicial proceeding that is necessary to establish a Panamanian adoption. Furthermore, because NH was a party to the adoption, he has access to additional Panamanian adoption records. Thus, NH should submit additional evidence showing a judicial proceeding established NH as Claimant’s adopted father.^[3]

Claimant’s Panamanian birth certificate is not enough to establish an adoption under Panamanian law. We suggest the agency seek additional evidence related to whether Claimant's adoption was valid under the laws of Panama, such as proof that the adoption was established by a judicial ruling.