Identification Number:
GN 00306 TN 145
Intended Audience:See Transmittal Sheet
Originating Office:LP ISP
Title:Child Relationship and Dependency
Type:POMS Full Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part GN – General
Chapter 003 – Evidence
Subchapter 06 – Child Relationship and Dependency
Transmittal No. 145, 06/11/2026

Audience

PSC: CA, CS, ICDS, IES, ISRA, RECONR, SCPS, TSA, TST;
OCO-OEIO: BET, CAQCR, CTE, FCR, FDEC, RECONR;
OCO-ODO: BET, CTE, CTE TE, DEC;
FO/TSC: CS, CS TII, CS TXVI, CSR, CTE, DRT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

AES

Effective Date

Upon Receipt

Background

We are revising these POMS sections for clarity, to eliminate the requirement that the child's birth certificate (BC) show illegitimacy when using a precedent opinion to presume there has been a written acknowledgment or court determination of paternity, and to add a chart of applicable State laws that can be used to determine if the applicable State law requires written consent or a court determination of paternity to be filed in order for a father to be named as the non-marital child's father during the birth registration process for the State-issued BC.

Summary of Changes

GN 00306.105 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Written Acknowledgment

We made minor editorial changes throughout.

Subsection A , we revised the "NOTE" to state that Section 216(h)(3) requires that the child must be the NH's son or daughter and referred the reader to subsection E for reasons to doubt the biological relationship.

Subsection C.3 , we removed the policy for using a child's Enumeration at Birth (EAB) Numident as written acknowledgment and directed the reader to related section for this policy.

Subsection C.5 , we added information about the use of the NH's application on the child's behalf as written acknowledgment previously in subsection G.

Subsection D, second bullet point, we correct the reference.

Subsection F, we replaced Form SSA-2514 with SSA's appointment scheduling systems to protect the date of a written acknowledgment.

Subsection G:

  • We revised subsection title to apply to SSA's appointment scheduling system rather than the SSA-2514.

  • We removed language about when the NH's application or the NH's application on behalf of the child constitutes written acknowledgment.

  • We revised language to apply to SSA's appointment scheduling systems.

Subsection J, we updated the references.

GN 00306.110 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Court Decree or Court Order for Support

We made minor editorial changes throughout.

Subsection A, we added language that Section 216(h)(3) requires that the child must be the NH's son or daughter.

Subsection C:

  • We replaced "Proof" with "Evidence" in the subsection title.

  • We divided the language in this subsection into two parts and provided titles for each. We also added information about using the child's EAB Numident as proof of a court order and referred the reader to policy on using a child's EAB Numident as proof of a court order.

Subsection I, we updated the references.

 

GN 00306.120 Section 216(h)(3) - Using Information From Child's Birth Certificate (BC) as Written Acknowledgment or Proof of Court Order

Throughout section we made minor editorial changes, rearranged content, and clarified that the policy applies to non-marital children.

Title: We revised the title to include using the Enumeration at Birth (EAB) Numident as evidence of written acknowledgment or proof of a court order and added language to clarify that this section applies to the use of a non-marital child's birth certificate (BC) or EAB Numident.

In the "NOTE," we clarified that the policy for accepting the BC or EAB Numident as proof of written consent or court order only applies to non-marital children and provided references to the policy to use in cases where the parents are married.

Subsection A:

  • We revised the title to include policy on using the EAB Numident as evidence of written acknowledgment or proof of a court order and clarified this policy applies to non-marital children.

  • We clarified the instructions apply to using a non-marital child's BC or EAB Numident to determine status as a NH's child under sections 216(h)(3) and provided references.

  • We included both the policy for accepting a non-marital child's BC as evidence of written acknowledgment or proof of court order when the NH is shown as the informant on the child's BC and when the NH is not shown as informant in subsection A (previously in subsection B). We also added the policy on using the child's EAB Numident to presume the NH acknowledged the child as the NH's own child in writing or there was a court order establishing paternity.

Subsection B:

  • We provided procedures for applying presumption of written acknowledgment or court order.

  • We added a chart on State law requirements for written consent or court determination of paternity for father's name to appear on a non-marital child's birth certificate and provided instructions for using the chart to apply a presumption of written acknowledgment or court order.

  • We eliminated the requirement that the BC show illegitimacy when using precedent opinions previously in subsection B.2 and the language about how a BC shows illegitimacy previously in subsection B.3.

  • We eliminated the procedures about using precedent opinions and contacting BVS previously in subsection B.1 and 2 because the inclusion of the chart on State law requirements in subsection B makes referring to precedent opinions or contacting BVS unnecessary.

  • We added procedures for requesting a legal opinion in the new subsection B.2.

Subsection C: New. We added this subsection to provide instructions on documenting the basis for the child determination.

Subsection D: New. We added references.

GN 00306.105 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Written Acknowledgment

CITATIONS:

Social Security Act § 216(h)(3);
Regulations - 20 C.F.R. §§ 404.355, 404.731

A. Policy for a section 216(h)(3) child based on number holder’s (NH) written acknowledgment

When a child is the NH’s biological child, the child may satisfy the relationship requirement under section 216(h)(3) of the Social Security Act (Act) if, during the NH’s lifetime, the NH acknowledged the child as their child in a written statement.

The child must be conceived (in utero) or born at the time of the acknowledgment.

NOTE: Section 216(h)(3) requires that the child must be the NH's son or daughter. Even if the NH acknowledged the child in writing, you must consider evidence showing that the NH is not the child's biological parent. For reasons to doubt biological relationship, see GN 00306.105E.

B. Criteria for written acknowledgment under section 216(h)(3)

When evaluating the NH’s written acknowledgment of their child, the statement must both:

  • identify the child by name, or otherwise reference the specific child in an identifiable manner, e.g., as the child born to a specific person on a certain date or the child who is the unborn sibling of another named child; and

  • clearly acknowledge or identify the child as the NH’s child.

The acknowledgment may:

  • be signed or unsigned;

  • be either in the NH’s handwriting or recorded in writing by someone else at the NH’s express direction, e.g., SSA’s Electronic Leads and Appointment System (eLAS) record, clearly based on the NH’s phone call;

  • be in any format or on any material, including electronic communications, such as an email, text message, or social media posting, provided it is clear that the NH prepared or sent the electronic writing. Obtain evidence to show that the NH prepared or sent the electronic writing where necessary. Consider obtaining a signed statement on Form SSA-795 from the recipient of the electronic writing that identifies themselves as the recipient and that clearly states that the sender of the electronic writing is the NH;

  • not necessarily comply with State laws regarding written acknowledgment for intestacy purposes; or

  • no longer be in existence or be unobtainable. If the acknowledgment no longer exists or cannot be obtained, the requirements are met if clear and convincing evidence supports that this evidence did exist. Clear and convincing evidence is any evidence showing that the alleged prior existence of the acknowledgment is substantially more likely to be true than untrue. Use caution in evaluating such evidence.

NOTE: For written acknowledgment under section 216(h)(3), definitions or precedents as to what constitutes written acknowledgment under State laws on legitimation or inheritance rights are not controlling.

C. Evidence of the written acknowledgment

Include evidence of the NH's written acknowledgment in the claims file. Consider all possible sources of written acknowledgment, including those listed in this subsection and those suggested on Form SSA-2519 Child Relationship Statement (see GN 00306.300).

1. Original or copy of the written acknowledgment

If possible, obtain the original written acknowledgment.

If the original document is not available, in certain circumstances a photocopy or a true and exact copy may be used. For more information, see GN 00301.030 and GN 00301.090.

If the acknowledgment is not signed, obtain evidence as to whether the NH prepared it.

If the writing is no longer in existence or it is unobtainable, the requirement is met if clear and convincing evidence shows that the NH acknowledged the child in writing. Clear and convincing evidence is any evidence showing that the alleged prior existence of the acknowledgment is substantially more likely to be true than untrue.

2. Child's full birth certificate (BC)

For policy on using information from a child's BC as written acknowledgment, see GN 00306.120.

3. Child's Enumeration at Birth (EAB) Numident

For policy on using information from a child's EAB Numident as written acknowledgment, see GN 00306.120.

4. Federal or State income tax return

A Federal or state income tax return where the NH listed the child as a dependent by name constitutes written acknowledgment.

Accept a copy of the NH's Federal income tax return from the Internal Revenue Service (IRS) or a comparable written record from the NH's tax preparer.

Accept a copy of the NH's State income tax return from the State's tax office or a comparable written record from the NH's tax preparer.

NOTE: Neither the IRS nor State tax offices provide copies of tax returns to SSA, and may charge the NH a fee for supplying a copy.

5. Modernized Claims System (MCS) screens

The NH's application on behalf of the child constitutes written acknowledgment.

The NH's application for retirement or disability insurance benefits (RIB or DIB) listing the child on the Dependent Children of NH (DEPC) or Remarks (RMKS) screens constitutes written acknowledgment if:

  • the Application (APPL) screen shows that the NH was the applicant; or

  • the RMKS screen shows that the requirements in GN 00306.105A and GN 00306.105B are met.

If not, do not consider the listing of the child as a written acknowledgment and obtain other evidence.

If you use an MCS screen as written acknowledgment, document the child's claim using a Report of Contact (RPOC) in MCS.

NOTE: If the MCS screens are archived, unarchive the screens to review them.

D. Child's biological relationship to the NH

Do not raise the issue of the child's biological relationship to the NH if the Numident:

  • includes an iteration that shows a "6" in the form code (FMC) field of the INTERNAL line, indicating an Enumeration at Birth (EAB) record;

  • shows the NH's name in the mother's name at birth (MNA) or father's name (FNA) field of the EAB record, setting aside minor discrepancies as described in GN 00203.020A.3 and taking into consideration any other names the alleged parent may have used;

  • does not show a name other than the NH's in the same field (MNA or FNA) in iterations following EAB; and

  • if the NH is deceased, shows the EAB record was established prior to the NH's death.

If there is no Numident record meeting this criteria, obtain a full birth certificate (BC), i.e., one with spaces for parents' names. If the full BC shows the NH as the child's parent or the space for the parent's name is blank, do not raise the issue of biological parentage unless information in the file casts some doubt on the issue or there is any other reason to doubt the biological relationship (see GN 00306.105E).

If the full BC shows someone other than the NH as the child's parent or if a BC without spaces for parents' names is the only BC that can be obtained, e.g. because the State does not issue full BCs, document this on the MCS RPOC screen and follow the guidelines in GN 00306.125 to develop biological relationship.

E. Reasons to doubt biological relationship

Section 216(h)(3) requires that the child must be the NH's son or daughter. Therefore, even if the written acknowledgment meets the criteria in GN 00306.105B, you must consider evidence that the NH is not the child's biological parent.

Reasons to doubt the biological relationship include, but are not limited to, the following:

  • a child was born but not listed on the NH's Retirement Insurance Benefits (RIB) or Disability Insurance Benefits (DIB) application, and the NH subsequently acknowledges the child in writing;

  • a BC without spaces for the parents' names is the only BC that can be obtained and the EAB Numident does not meet the criteria in GN 00306.105D;

  • the Enumeration at Birth (EAB) Numident or full BC shows someone other than the NH as the child's parent;

  • the EAB Numident is dated after the death of the NH; or

  • the BC was issued after the death of the NH.

In circumstances where there is reason to doubt the biological relationship, you must develop additional evidence that the child is the NH's biological child (see GN 00306.125B.1)

IMPORTANT: If the biological relationship is in doubt, document the full set of circumstances and the parentage determination (if you can make one) on a MCS RPOC screen or an SSA-5002 Report of Contact in non-MCS cases. If after pursuing additional development and consulting relevant precedent opinions the relationship remains unclear, request a legal opinion following instructions in GN 00306.305 and GN 01010.815.

F. Effective date of parent-child relationship based on written acknowledgment

The parent-child relationship does not begin until the date of the written acknowledgment, unless the evidence points to an earlier date. For information on using SSA's appointment scheduling systems to protect the date of a written acknowledgment, see GN 00306.105G.

If multiple written acknowledgments are available, determine which writing is easiest to obtain and entitle the child. Later, obtain the writing that provides the child with the earliest month of entitlement.

You may need to develop other evidence of the parent child relationship where retroactivity is at issue. For information on retroactivity for child's benefits, see RS 00203.001A.2.

EXAMPLE: If the NH acknowledged the child on their Application for Retirement Insurance Benefits (SSA-1) but there are retroactive benefits due the child, the acknowledgment on the SSA-1 will permit payment only from the month of filing. In order to pay the child for the retroactive period, you must establish that an earlier acknowledgment, court decree, or court order exists, or that the other evidence proves that the child meets the conditions for the earlier period.

G. Use of SSA's appointment scheduling systems to protect date of written acknowledgment

An initial claim appointment record established for the child in SSA's appointment scheduling system, e.g., eLAS, can protect the date of written acknowledgment if:

  • the NH is shown as the person who contacted SSA to schedule the appointment to apply for benefits for the child;

  • an intent to file for the child is shown, e.g., child is listed by name; and

  • there is no question that the child or children for whom the application is filed is the same as the child or children referred to on the appointment record.

H. Dependency for NH's child based on written acknowledgment

If you establish the child's relationship to the NH based on the written acknowledgment provision of section 216(h)(3), deem the child dependent on the NH unless someone other than the NH adopts the child during the NH's lifetime (see GN 00306.165).

I. Month of entitlement to child's benefits based on written acknowledgment

For policy on the first month of entitlement (MOET) for child's benefits, see RS 00203.005 for death cases and RS 00203.010 for life case.

J. References

  • GN 00203.020 Identity of Claimants

  • GN 00301.030 Acceptability of Documentary Evidence

  • GN 00301.090 Personnel Authorized to Certify Documents and Records

  • GN 00306.100 Overview of Section 216(h)(3) – Federal Standard for a Parent-Child Relationship for Title II Child's Benefits

  • GN 00306.110 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Court Decree or Court Order for Support

  • GN 00306.120 Section 216(h)(3) - Using Information From a Non-Marital Child’s Birth Certificate (BC) or Enumeration at Birth (EAB) Numident as Written Acknowledgment of Proof of Court Order

  • GN 00306.125 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Other Satisfactory Evidence and Living With or Support

  • GN 00306.165 Entitlement Requirements - Child Adopted by Someone Other Than NH

  • GN 00306.300 Child Relationship Statement - Form SSA-2519

  • GN 00306.305 Determining Status as Number Holder's Child: When to Request a Legal Opinion

  • GN 00306.310 Challenges to a Parent-Child Relationship Determination

  • GN 00306.315 Disallowing a Title II Child Claim Based on Failure to Establish Relationship

  • GN 01010.815 Request for Legal Opinion

  • RS 00203.001 Entitlement and Non-Entitlement Provisions for Child's Benefits

  • RS 00203.005 Child's Benefits First Month of Entitlement (MOET) in Death Cases

  • RS 00203.010 Child's Benefits First Month of Entitlement (MOET) in Life Cases

GN 00306.110 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Court Decree or Court Order for Support

CITATIONS:

Social Security Act § 216(h)(3);
Regulations - 20 C.F.R. §§ 404.355, 404.731

A. Policy for section 216(h)(3) child based on a court decree or order for support

When a child is the number holder’s (NH) biological child, the child may satisfy the relationship requirement under section 216(h)(3) of the Social Security Act (Act) if, during the NH's lifetime, a court has either:

  • decreed that the NH is the biological parent of the child, or

  • ordered the NH to contribute to the child's support as the child’s biological parent.

Section 216(h)(3) requires that the child must be the NH's son or daughter. Even if one of these requirements is met, you must consider any evidence showing that the NH is not the child's biological parent. For reasons to doubt the biological relationship, see GN 00306.110E.

NOTE: If the NH is deceased the court must have made or issued a decree or order prior to the NH's death. In the event of a posthumous court action, explore provisions for establishing a parent-child relationship under State law, or develop for other satisfactory evidence under section 216(h)(3) using the instructions in GN 00306.125.

B. Criteria for court decree or order for support

The court decree or order for support must find the NH is the biological parent of the child, name the NH, and identify the child.

1. Biological relationship

The court decree or order for support must find that the NH is the biological parent of the child, either:

  • by clearly stating that the NH is the biological parent of the child; or

  • by indicating that the court charged the NH and the NH either pleaded guilty or the court found the NH guilty under a specific statute applicable only if he or she is the child's biological parent; or

  • by directing the NH to contribute to the child's support as the child’s biological parent and either named the NH as the child’s parent or have been issued under a statute requiring a parent to support his or her child.

State court orders, i.e., judgments, decrees, or trial court decisions that determine the NH is the biological parent of the child in this manner are generally sufficient evidence of that relationship.

Consult relevant precedent opinions as necessary in PR 01215.000.

Request a legal opinion following instructions in GN 01010.815 if:

  • a decree shows a finding under a statute or provision of a state code and refers to it only by a number and you have no information on the nature of the statute; or

  • the order appears questionable or does not appear to be consistent with the issuing State’s law as outlined in the State Law Digest in GN 00306.405 through GN 00306.680. For more information, see SSR 83-37c (Gray v. Richardson) and GN 00306.015B.2.

2. NH's name and child's identity

The decree or order must name the NH and identify the child. It does not have to identify the child by name if it clearly refers to the child in question. You may consider related court records (e.g., complaint, indictment).

C. Evidence of the court decree or order for support

1. Copy of the court decree or order for support

Obtain a copy of the court decree or order for support certified by the proper court official. Accept an excerpt from the order or decree if it is certified by the court official and contains sufficient information. You may consider a related court record, e.g., complaint, indictment.

If there is any indication of a modification in a finding that the NH is the child's parent or the identity of the parent in the court order, obtain a current decree or order certified by the proper court official as to whether or not the court vacated or changed the finding.

Fax the materials into the Non-Disability Repository for Evidentiary Documents (NDRed) using the Evidence Portal (EP).

2. Child's full birth certificate (BC) or Enumeration at Birth (EAB) Numident

The child's full birth certificate (BC), i.e., one with spaces for the parents' names, or EAB Numident may be used as proof of a court determination of parentage if the State required written consent or a court order to be named as a non-marital child's father during the birth registration process. For policy on using information from a child's BC or EAB Numident as proof of a court order, see GN 00306.120.

D. Child's biological relationship to the NH

Do not raise the issue of the child's biological relationship to the NH if the Numident:

  • includes an iteration that shows a "6" in the form code (FMC) field of the INTERNAL line, indicating an Enumeration at Birth (EAB) record;

  • shows the NH's name in the mother's name at birth (MNA) or father's name (FNA) field of the EAB record, setting aside minor discrepancies as described in GN 00203.020A.3 and taking into consideration any other names the alleged parent may have used;

  • does not show a name other than the NH's in the same field (MNA or FNA) in iterations following EAB; and

  • if the NH is deceased, shows the EAB record was established prior to the NH's death.

If there is no Numident record meeting this criteria, obtain a full birth certificate (BC), i.e., one with spaces for parents' names. If the full BC shows the NH as the child's parent or the space for the parent's name is blank, do not raise the issue of biological parentage unless information in the file casts some doubt on the issue or there is any other reason to doubt the biological relationship (see GN 00306.105E).

If the full BC shows someone other than the NH as the child's parent or if a BC without spaces for parents' names is the only BC that can be obtained, e.g. because the State does not issue full BCs, document this on the MCS RPOC screen and follow the guidelines in GN 00306.125 to develop biological relationship.

E. Reasons to doubt biological relationship

Section 216(h)(3) requires that the child must be the NH's son or daughter. Therefore, even if one of the requirements in GN 00306.110A is met, you must consider evidence that the NH is not the child's biological parent. However, such evidence must be very persuasive to override a court action.

Reasons to doubt the biological relationship include, but are not limited to, the following;

  • a BC without spaces for parents' names is the only BC that can be obtained and the EAB Numident does not meet the criteria in GN 00306.110D;

  • the Enumeration at Birth (EAB) Numident or BC shows someone other than the NH as the child's parent;

  • the EAB Numident is dated after the death of the NH; or

  • the BC was issued after the death of the NH.

In circumstances where there is reason to doubt the biological relationship, you must develop additional evidence that the child is the NH's biological child (see GN 00306.125B.1).

IMPORTANT: If the biological relationship is in doubt, document the full set of circumstances and the parentage determination (if you can make one) on a Modernized Claims System (MCS) Report of Contact (RPOC) screen or on an SSA-5002 Report of Contact in non-MCS cases. If, after pursuing additional development and consulting relevant precedent opinions, the relationship remains unclear, request a legal opinion following instructions in GN 00306.305 and GN 01010.815.

F. Effective date of parent-child relationship based on court decree or court order for support

The parent-child relationship does not begin until the date of the court action, unless the evidence points to an earlier date.

You may need to develop other evidence of the parent-child relationship where retroactivity is at issue. For more information on retroactivity for child's benefits, see RS 00203.001A.2.

G. Dependency for NH's child based on court decree or court order for support

If you establish the child's relationship to the NH based on a court decree or court order for support, deem the child dependent on the NH unless someone other than the NH adopts the child during the NH's lifetime (see GN 00306.165).

H. Month of entitlement to child's benefits based on court decree or court order for support

For policy on first month of entitlement (MOET) for child's benefits, see RS 00203.005 for death cases and RS 00203.010 for life cases.

I. References

  • GN 00203.020 Identity of Claimants

  • GN 00306.015 Use of State Court Judgment or Order to Establish a Parent-Child Relationship Under State Intestacy Law

  • GN 00306.100 Overview of Section 216(h)(3) – Federal Standard for a Parent-Child Relationship for Title II Child's Benefits

  • GN 00306.105 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Written Acknowledgment

  • GN 00306.120 Section 216(h)(3) - Using Information From a Non-Marital Child’s Birth Certificate (BC) or Enumeration at Birth (EAB) Numident as Written Acknowledgment of Proof of Court Order

  • GN 00306.125 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Other Satisfactory Evidence and Living With or Support

  • GN 00306.165 Entitlement Requirements - Child Adopted by Someone Other Than NH

  • GN 00306.305 Determining Status as Number Holder's Child: When to Request a Legal Opinion

  • GN 00306.310 Challenges to a Parent-Child Relationship Determination

  • GN 00306.315 Disallowing a Title II Child Claim Based on Failure to Establish Relationship

  • GN 01010.815 Request for Legal Opinion

  • PR 01215.000 Court Order of Support/Paternity

  • RS 00203.005 Child's Benefits First Month of Entitlement (MOET) in Death Cases

  • RS 00203.010 Child's Benefits First Month of Entitlement (MOET) in Life Cases

GN 00306.120 Section 216(h)(3) - Using Information From a Non-Marital Child's Birth Certificate (BC) or Enumeration at Birth (EAB) Numident as Written Acknowledgment or Proof of Court Order

CITATIONS:

Social Security Act § 216(h)(3);
Regulations - 20 C.F.R. §§ 404.355, 404.731

IMPORTANT: These instructions apply only to section 216(h)(3) child determinations and only when the child's birth mother and legal parent was not married to the number holder (NH) when the child was born. Do not apply these instructions when making a 216(h)(2)(A) child determination based on State law. If the NH is the child’s birth mother and legal parent, see GN 00306.012 regarding the presumption of a Title II parent-child relationship under section 216(h)(2)(A) and State intestacy law as to a child and the birth mother and use of the EAB Numident or the BC as evidence. If the child’s birth mother and legal parent was married to the NH when the child was born, see GN 00306.013 regarding the presumption of a Title II parent-child relationship under section 216(h)(2)(A) and State intestacy law as to a child and the birth mother’s spouse and use of the EAB Numident or the BC as evidence.

A. Policy for accepting a non-marital child's BC or EAB Numident as evidence of written acknowledgment or proof of court order

Under certain circumstances, the agency may use a non-marital child's BC or EAB Numident as evidence of a NH's written acknowledgment or proof of a court order to determine status as a NH's child under section 216(h)(3) (see GN 00306.105C.2, 3 and GN 00306.110C.2).

1. Child's BC

a. NH shown as informant on child's BC

The child's full BC, i.e., one with spaces for the parents' names, establishes written acknowledgment if it shows the NH’s signature as the informant and the NH’s name as that of the child’s parent.

b. NH not shown as informant on child's BC

You may use the child's BC to presume the NH acknowledged the child as the NH's own child in writing or there was a court order establishing paternity if:

  • Applicable State law or regulations require the father's written consent or a court determination of paternity in order for the father's name to appear on the BC (see GN 00306.120B);

  • The NH's name is in the space for the father, other parent, or second parent, setting aside minor discrepancies as described in GN 00203.020A.3 and taking into consideration any other names the alleged parent may have used;

  • The BC was established during the NH's lifetime; and

  • There is no reason to question that the NH is the child's legal parent (see GN 00306.305C for examples of child determinations that may require a legal opinion).

Section 216(h)(3) requires a biological relationship. If the NH is deceased, the full BC shows the NH as the child's parent, and the BC was issued before the NH's death, do not raise the issue of biological parentage (see GN 00306.105D, E and GN 00306.110D, E).

2. Child's EAB Numident

The same birth data collected by the State's vital statistics office during the birth registration process for the State-issued birth certificate, including the names of the child's parents, is also transmitted to the Social Security Administration (SSA) as part of the EAB process. For information on the EAB process, see RM 10205.001B, RM 10205.005B, and RM 10205.505.

You may use the child's EAB Numident to presume the NH acknowledged the child as the NH's own child in writing or there was a court order establishing paternity if:

  • The child's Numident includes an iteration that shows a “6” in the form code (FMC) field of the INTERNAL line, indicating an Enumeration at Birth (EAB) record;

  • The child's Numident shows the NH’s name in the mother’s name at birth (MNA) or father’s name at birth (FNA) field of the EAB Numident, setting aside minor discrepancies as described in GN 00203.020A.3;

  • The child's Numident does not show a name other than the NH’s name in the same field (MNA or FNA) in iterations following EAB; and

  • Applicable State law or regulations require the father's written consent or a court determination of paternity to be named as the child's father during the birth registration process for the State-issued BC (see GN 00306.120B).

Section 216(h)(3) requires a biological relationship. If the NH is deceased, do not raise the issue of the child's biological relationship to the NH if the EAB Numident record was established prior to the NH's death (see GN 00306.105D, E and GN 00306.110D, E).

B. Procedure for applying presumption of written acknowledgment or court order

You may not presume from information on the child’s BC (when NH is not the informant) or EAB Numident that there was written consent or a court determination of paternity unless one of the following procedures is productive.

Caution: The presumption should be applied only after all facts in a given case have been thoroughly reviewed. That is, if the facts indicate that a written consent or a court order does not exist, do not apply the presumption.

1. Use chart of applicable State laws

Use the following chart to determine if the applicable State law requires written consent or a court determination of paternity to be filed in order for a father to be named as the non-marital child's father during the birth registration process for the State-issued BC. If the chart shows that the applicable State law requires the father's written consent or a court determination of paternity to be named as the non-marital child's father in the birth registration process for the State-issued BC, you may apply the presumption that a written acknowledgment or court order exists when the criteria of GN 00306.120A in this section are met for either the BC or the EAB Numident.

The effective dates refer to the point at which State law began allowing the entry of the father's name on the BC of a non-marital child with the father's written consent or a court determination of paternity. The child's date of birth must be on or after the effective date. If a child was born before the listed effective date or no information is available for a State in the chart below, submit a request for a legal opinion to the Office of the General Counsel (see GN 00306.120B.2 in this section and GN 00306.305).

NOTE: For purposes of parent-child relationship determinations, "State" includes the 50 States, the District of Columbia, the U.S. Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Northern Mariana Islands (see GN 00306.001R).

The effective date of the parent-child relationship based on the BC or an EAB Numident as evidence of a NH's written acknowledgment or a court determination of paternity is the child's date of birth (see GN 00306.105F and GN 00306.110F).

State

Written Consent or Court Determination of Paternity Required for the Father's Name to Appear on the Non-marital Child's Birth Certificate

Effective Date of State Law

Alabama

Yes

05/21/1992

Alaska

Yes

07/01/1997

Arizona

Yes

01/01/1968

Arkansas

Yes

01/01/1981

California

Yes

01/01/1997

Colorado

Yes

01/01/1968

Connecticut

Yes

01/01/1980

Delaware

Yes

Written Consent as of 01/01/1995;

Court Determination of Paternity as of 01/01/1993

District of Columbia

Yes

Written Consent as of 10/08/1981;

Court Determination of Paternity as of 04/03/2001

Florida

Yes

07/01/1977

Georgia

Yes

07/01/1964

Hawaii

Yes

07/01/1999

Idaho

Yes

02/16/1995

Illinois

Yes

01/01/1962

Indiana

Yes

07/01/1995

Iowa

Yes

01/01/1970

Kansas

Yes

07/01/1963

Kentucky

Yes

07/01/1975

Louisiana

Yes

08/15/2008

Maine

Yes

01/01/1980

Maryland

Yes

10/01/1995

Massachusetts

Yes

01/01/1980

Michigan

Yes

09/30/1978

Minnesota

Yes

01/01/1991

Mississippi

Yes

07/01/1989

Missouri

Yes

01/01/1984

Montana

Yes

01/01/1996

Nebraska

Yes

01/01/1977

Nevada

Yes

07/16/1977

New Hampshire

Yes

01/01/1980

New Jersey

Yes

03/05/1998

New Mexico

Yes

01/01/1961

New York

Yes

01/01/1987

North Carolina

Yes

07/01/1979

North Dakota

Yes

07/01/1975

Ohio

Yes

03/16/1989

Oklahoma

Yes

07/01/1963

Oregon

Yes

01/01/1983

Pennsylvania

Yes

01/01/1998

Rhode Island

Yes

01/01/1980

South Carolina

Yes

07/18/1978

South Dakota

Yes

07/01/1972

Tennessee

Yes

07/01/1977

Texas

Yes

09/01/1989

Utah

Yes

07/01/1997

Vermont

Yes

09/01/1997

Virginia

Yes

10/01/1979

Virgin Islands

Yes

05/05/1998

Washington

Yes

01/01/1990

West Virginia

Yes

07/01/1969

Wisconsin

Yes

01/01/1986

Wyoming

Yes

05/24/1973

2. Request a legal opinion

Request a legal opinion following instructions in GN 00306.305 and GN 01010.815 if you are unable to determine if State law or regulations required written acknowledgment or a court determination of paternity to be filed in order for the father’s name to appear on the non-marital child’s BC.

C. Documenting basis for child determination

Document the file with respect to the basis for finding the NH acknowledged the child as their child in writing or there was a court order establishing paternity on the Report of Contact (RPOC) screen in the Modernized Claims System (MCS) or on a Report of Contact (RC) in non-MCS cases.

When applying the presumption of written acknowledgment or court order (see GN 00306.120B), it is not necessary to specify whether the determination was based on written acknowledgment or a court order because a child may meet the relationship requirement under section 216(h)(3) based on either of these. For example, you may state, “Written acknowledgment or court order presumed based on child’s BC (or EAB Numident).”

D. References

  • GN 00203.020 Identity of Claimants

  • GN 00302.510 Correct Birth Certificate (BC)

  • GN 00306.012 Presumption of Title II Parent-Child Relationship Under State Intestacy Law - Child and Birth Mother

  • GN 00306.013 Presumption of Title II Parent-Child Relationship Under State Intestacy Law - Child and Birth Mother's Spouse

  • GN 00306.105 Section 216(h)(3) – Federal Standard for a Parent-Child Relationship Based on Written Acknowledgment

  • GN 00306.110 Section 216(h)(3) - Federal Standard for a Parent-Child Relationship Based on Court Decree or Court Order for Support

  • GN 00306.305 Determining Status as Number Holder's Child: When to Request a Legal Opinion

  • GN 01010.815 Request for Legal Opinion

  • RM 10205.001 How to Apply for a Social Security Card

  • RM 10205.005 Where to File an Application for a Social Security Card

  • RM 10205.505 Enumeration at Birth Process

  • PR 01210.000 State Law Requirements For Showing Information About Father On Child's BC



GN 00306 TN 145 - Child Relationship and Dependency - 6/11/2026