QUESTION
You asked whether a claimant who is a current Supplemental Security Income (SSI) recipient
may also be eligible for child's insurance benefits on the earnings record of the
father, deceased while residing in Kentucky, whose parental rights were terminated.
ANSWER
Yes. Under Kentucky law, an unadopted child retains the right to inherit from a parent
whose parental rights were terminated. Therefore, this claimant can qualify as the
deceased father's child for child's insurance benefits purposes.
BACKGROUND
Ethan A~ (Claimant) is an eighteen-year-old SSI recipient. On October 29, 1997, the
Cabinet for Families and Children, Frankfurt, Kentucky, terminated the parental rights
of his father, James A~, NH), due to abuse, neglect, and abandonment. Claimant became
a ward of the state and has not been adopted. NH died on January 17, 2004, while domiciled
in Kentucky.
DISCUSSION
To qualify for child's benefits on the earnings record of an insured individual who
has died, a claimant must be that individual's child. See Social Security Act (Act) § 202(d), 42 U.S.C.§ 402(d); 20 C.F.R. § 404.350(a)(1)
(2006). "Child" is defined as the child, adopted child or stepchild of an insured
individual. See Act § 216(e), 42 U.S.C. § 416(e); 20 C.F.R. § 404.354 (2006). To establish his status
as the surviving child of the deceased NH under section 216(h)(2)(A) of the Act, Claimant
must show that he would be entitled to a child's share of the NH's intestate personal
property under the law of the state in which the NH was domiciled at the time of his
death. See Act § 216(h)(2)(A); 20 C.F.R. § 404.355(a)(1) (2006). NH was a resident of Kentucky
at the time of his death. Therefore Kentucky's law of intestate succession applies
in determining the child claimant's status as the lineal descendant of the NH for
purposes of section 216(h)(2)(A) of the Act. See Act § 216(h)(2)(A); 20 C.F.R. § 404.355(b).
Generally in Kentucky, termination of parental rights terminates all legal obligations.
"Termination of parental rights, whether voluntary or involuntary, once legally adjudicated
severs all relationship of parent and child as if the same had never existed." Hicks v. Enlow, 764 S.W.2d 68, 71 (Ky. 1989). However, the Kentucky Revised Statutes provide specific
exceptions for inheritance rights of a child who has not been adopted, for both voluntary
and involuntary terminations. "Following the entry of an order voluntarily terminating
parental rights in a child, the child shall retain the right to inherit from his parent
under the laws of descent and distribution until the child is adopted." KY. REV. STAT.
ANN. § 625.044 (2006). "Following the entry of an order involuntarily terminating
parental rights in a child, the child shall retain the right to inherit from his parent
under the laws of descent and distribution until the child is adopted." KY. REV. STAT.
ANN. §625.104 (2006). Therefore, Claimant retains inheritance rights from NH and would
be considered the child of NH under section 216(h)(2)(A) of the Act..
CONCLUSION
For the foregoing reasons, we believe Claimant would be considered NH's child for
child's insurance benefits purposes.
Mary A. S~ III
Chief Counsel, Region VII
By
Rollin M~
Assistant Regional Counsel