PR 03830.072 Cape Verde Islands

A. PR 80-007 Ana Maria dos Anjos G , daughter of Antonio J. G~ — Social Security No. ~ — Ilba Brava F.N.S., Do Monte, Cape Verde Islands - Illegitimacy And Inheritance Rights

1. SYLLABUS

INHERITANCE RIGHTS — By Illegitimate Child - CAPE VERDE ISLANDS

Under the law of the Cape Verde Islands as of 1976, all children enjoy the same rights, and are subject to the same duties with regard to their parents, regardless of the marital status of their parents. (G~, ANTONIO J.— ~ — GC (Woolford) to SSA 10/23/80)

2. OPINION

You inquire as to whether the above-captioned daughter is the "child" of the wage-earner within the meaning of title II of the Social Security Act.

It appears that the daughter was born on December 3, 1977 in Cape Verde Islands to the wage-earner (a married man) and a single female. Her birth certificate, recorded on January 3, 1978 contains the following: "daughter of [wage earner], married, age 59 and Maria dos A single, age 25." In the birth register, the wage-earner appears as her father, who was the declarant and who signed the register. The wage-earner, domiciled in Cape Verde Islands, has filed for benefits on behalf of the daughter.

Under section 216(b)(2)(A) of the Act, the daughter's status is determined by applying the intestacy law of the wage-earner's domicile, Cape Verde Islands.

The Law Librarian of the Library of Congress has submitted the attached report on the status of a child born out of wedlock under the laws of Cape Verde. As you indicate, Cape Verde was governed under Portuguese law in its colonial years and for a short period after its independence.

However, in 1976 Decree-Law 84/76 1/ repealed the sections of the only Civil Code which distinguished between legitimate and illegitimate children. Article 2 of the Act provides that

Page 2 - Division of International Operations

"All children are equal according to the law, enjoy the same rights, and are subject to the same duties with regard to their parents, regardless of the [parent's] marital status."

Under Decree-Law 84/76, insofar as pertinent herein, paternal filiation is assumed where the father has expressly recognized in writing 2/ or where the child is treated and recognized as the son or daughter in the community. 3/ It appears that, in general, the distinction between legitimate and recognized illegitimate children no longer has legal validity in Cape Verde under Decree-Law 84/76.

Under the facts of this case, therefore, we conclude that the daughter herein is the child of the wage-earner under applicable laws of Cape Verde Islands and therefore is a "child" within the meaning of title II of the Social Security Act.

1/ Boletin Oficial No. 39, Sept. 25, 1976 (Cape Verde).

2/ Id. Art. 5. 3/ Id. Arts. 7 and 8.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1503830072
PR 03830.072 - Cape Verde Islands - 04/26/2002
Batch run: 01/27/2009
Rev:04/26/2002