TN 1 (03-20)

PR 03520.281 Palau

A. Validity of Adoption in Palau

Date: September 20, 2019

1. Question presented

Can the agency recognize the claimant to be the adopted child of the number holder (NH), for purposes of entitlement to auxiliary child benefits under Title II, where the adoption occurred in the Republic of Palau under Republic of Palau law?

2. Opinion

For the reasons discussed below, we believe the Court Decree from the Republic of Palau, which the agency has authenticated, documents that the claimant is the legally adopted child of the NH under Palau law as of January XX XXXX. Accordingly, the agency could recognize the claimant to be the legally adopted child of the NH for purposes of entitlement to child’s insurance benefits under Title II of the Act

Background

The claimant was born on January XX, XXXX. See Birth Certificate. On January XX, XXXX, the Court of Common Pleas, Republic of Palau entered an adoption decree regarding the claimant. The Decree stated that the claimant’s biological mother consented and agreed to a request for adoption by petitioners, the NH.[1] See 1/XX/XX Decree. Further, the Decree stated that the consent of the claimant’s biological father was not required pursuant to Palau law, because he had abandoned the claimant for a period of over six months. Id. The Court determined that it was in the best interests of the claimant that she be adopted by the petitioners. Id. As relevant here, the Decree also provided:

(1) The rights of the biological parents of the claimant were terminated;

(2) The claimant was declared adopted by the petitioners, who were to treat her as their minor child in all respects, and hold the legal relationship of parents and child, and who would have all the rights and be subject to all of the duties of that relationship;

(3) The claimant would inherit from the petitioners the same as if she was the natural child of the petitioners, except in the case of real property, as the claimant was not a Palauan citizen; and

(4) The claimant needed to maintain her Yap State, Federated States of Micronesia (FSM) Passport, as she was not a Palauan citizen, and therefore could not obtain a Palauan passport.

See id. The NH became entitled to retirement benefits as of October 20XX. See 11/XX/XX Notice of Award. On January XX, XXXX, the claimant filed an application for child’s insurance benefits on the NH’s record. See 1/XX/XX Application. Both the NH and the claimant are presently residing in Palau.

Analysis

Federal Law

To be entitled to child’s insurance benefits under the Act, a claimant must show, among other things, that she is the “child” of the insured as defined in section 216(e) of the Act. 42 U.S.C. § 402(d)(1).[2] 20 C.F.R. § 404.350. As relevant here, Section 216(e) defines “child” as the “child or legally adopted child of an individual.” 42 U.S.C. § 416(e). In order to determine whether the applicant is the insured’s legally adopted child, the agency applies the adoption laws of the State or foreign country where the adoption took place (not the State’s inheritance laws). 20 C.F.R. § 404.356, POMS GN 00306.155.C. The agency will ask for a copy of the birth certificate made following the adoption, or if that is unavailable, other evidence of the adoption. 20 C.F.R. § 404.733. In cases of foreign adoptions, POMS GN 00307.220.B provides that an adoption decree is sufficient evidence of a legal adoption.[3]

Validity of Adoption Under Palau Law

Our discussion of Palau’s adoption law is based on information we received from the Law Library of Congress. See Palau: Adoption, Report for U.S. Social Security Administration, LL File No. 2019-017871 (June 2019) (LOC Report).

The NH’s adoption of the claimant took place in Palau, thus the agency looks to the laws of Palau to determine the validity of the adoption. 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 Republic of Palau has a mixed legal system that combines elements from the U.S., including concepts from the American common‑law system, with customary or traditional law. See LOC Report, p. 1. In 1985, the Republic of Palau adopted the Palau National Code, which consolidated statutes originating from common-law concepts, and also provided for recognition of customary law. Id. Thus, a child may be adopted through a court proceeding or pursuant to custom. Id. As relevant here, if a child is adopted through a court proceeding, the adoption can be evidenced by the decree issued by the Court. Id.

In order to obtain an adoption by court proceeding, the petitioners must provide the written consent of, or notice to, each of the known living legal parents, unless they have been declared incompetent, or abandoned the child for at least six months. See LOC Report, p. 3.[4] The child being adopted must appear before the court, and the adoption is only granted if the court finds that it is in the best interests of the child. Id. at p. 3. The effect of the adoption decree is to place the adopted child and the adopting parents in the legal relationship of parent and child, and to create all the rights and duties that follow from that relationship. Id. at p. 4. The decree also abolishes the rights and duties of the natural parents. Id. The decree is subject to appeal, and becomes final once the time for appeal has run or the appeal has been adjudicated. Id.

Here, the NH and Mr. XX obtained a Court decree evidencing a valid adoption. See Decree. The Decree expressly provided that the claimant’s biological mother consented to the adoption, and her biological father’s consent was not required because he had abandoned the claimant for a period of over six months. Id. The Decree indicates that the claimant appeared before the Court, and the Court found that the adoption was in her best interest. Id. In addition, the Decree stated that the parties were in the legal relationship of parents and child, with all duties of that relationship, and the claimant would inherit personal property in the same manner as a natural child. Id.

The Court’s Decree therefore confirmed that the parties met the requirements for obtaining a valid adoption by court proceeding under Palau law. Accordingly, the agency could reasonably determine that the claimant is the NH’s legally adopted child under the criteria of the Act, for purposes of entitlement to child’s insurance benefits.[5]

CONCLUSION

We believe the claimant is the legally adopted child of the NH for purposes of entitlement to child’s insurance benefits under Title II of the Act. The claimant provided a Court Decree from the Republic of Palau, which the agency has authenticated, that documents a valid legal adoption as of January XXXX. Therefore, the agency could recognize the claimant to be the legally adopted child of the NH for purposes of entitlement to child’s insurance benefits under Title II of the Act.


Footnotes:

[1]

The relationship between the NH and Mr. X is unclear. In her application for retirement benefits, the NH listed another man as her spouse. See 10/XX/XX Application.

[2]

The claimant must also show that: (a) she has filed an application for child’s insurance benefits; (b) at the time the application was filed she was unmarried and either under 18 or a full time elementary or secondary student; or she was under a disability which began before she attained the age of 22; and she was dependent on the insured at the time the application was filed. 42 U.S.C. § 402(d)(1)(A)-(C). In this case, the agency has solely asked us to evaluate the validity of the adoption, and whether the claimant could be considered the NH’s legally adopted child. Thus, we have not evaluated the other requirements for entitlement to child’s insurance benefits.

[3]

POMS GN 00307.737 provides that the agency does not accept evidence from Palau at face value. On January XX, 2019, you indicated via email that DTPS advised that the Decree, Birth Certificate, and the Claimant’s Passport were authenticated. See 1/XX/19 Email; POMS GN 00307.737 .

[4]

The petitioners must also attach documentation including a police clearance, pay stubs, the minor’s birth certificate, an affidavit of consent from the biological or legal parents, and if applicable: a marriage certificate; an affidavit of consent from the minor; a death certificate; and a social worker’s report. LOC Report at p. 4.

[5]

As noted above, the claimant must also establish that she is dependent on the insured in order to be entitled to child’s insurance benefits. See 42 U.S.C. § 402(d)(1)(C). While the agency has not expressly asked us to evaluate dependency, it appears that the claimant will be deemed dependent on the NH because she was legally adopted before the NH became entitled to retirement benefits. 20 C.F.R. §404.362 (a). The Republic of Palau issued the Decree in January XXXX, and the NH became entitled to retirement benefits in October XXXX.


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http://policy.ssa.gov/poms.nsf/lnx/1503520281
PR 03520.281 - Palau - 03/02/2020
Batch run: 11/20/2023
Rev:03/02/2020