For purposes of these instructions, "assisted reproductive technology" (ART) is the conception of a child via preserved or donated genetic material, i.e., eggs (ova), sperm, an embryo, deoxyribonucleic acid (DNA) of any sort, or a womb. "Assisted reproduction," "assisted reproductive technology," and "artificial reproduction" are all terms for ART. In vitro fertilization (IVF) is a form of ART.

NOTE: ART is continuing to evolve, and the laws governing the parent-child relationships that may develop as a result of ART are also evolving. Refer any claim involving ART that is not covered by instructions in GN 00306.000 for a legal opinion using instructions in GN 01010.815.

"Artificial insemination" (AI) is the injection of semen into the female reproductive tract other than by sexual intercourse.

A woman is "biologically related" to a child if she contributes genetic material, i.e., an ovum or DNA, to the child.

A man is "biologically related" to a child if he contributes genetic material, i.e., sperm or DNA, to the child.

A "birth mother" is the woman who carries and gives birth to a child. A birth mother may or may not contribute her own genetic material, i.e., DNA, to the child. Traditionally, State law presumes a birth mother to be the legal mother of the child to whom she gave birth. Adoption, surrogacy, or ART may provide exceptions to this presumption.

"Conception" is the moment a fertilized egg (ovum) implants in a woman's womb.

A "domicile" is the place where a person has his or her true, fixed, and permanent home to which he or she has the intention of returning whenever away. Every person has a domicile and can have only one domicile at a time.

"Gestation" is the period during which a birth mother carries a child in her womb.

An "illegitimate child" is a child who is born to parents who are not married to each other, i.e., born out of wedlock or a non-marital child.

Section 202(d)(3) of the Social Security Act (Act) references legitimacy with respect to the dependency requirement for child's benefits (see GN 00306.002C).

The "intended parent(s)," also known as "commissioning parent(s)" or "contracting parent(s)" is (are) the parent(s) who arrange(s) for the conception and gestation of a child using ART or AI.

If an individual dies "intestate," this means he or she dies without a legal will. When this occurs, a State's intestacy laws govern who is eligible to inherit an individual's personal property.

A "legal child" is a child for whom the State law of the State in which a living number holder (NH) is domiciled, or a deceased NH was domiciled at the time of their death, established a parent-child relationship that conveys inheritance rights.

A "legal marital child," often referred to as a child "born in wedlock" or a "legitimate child," is a child who is born of a valid marriage, including common-law (where recognized), void, voidable, and same-sex marriages, and certain non-marital legal relationships (NMLR).

NOTE: Refer all cases involving children born to NMLRs for a legal opinion (see GN 00306.013A).

A "legitimate child," often referred to as a child "born in wedlock" or a "legal marital child," is a child who is born of a valid marriage, including common-law (where recognized), void, voidable, and same-sex, and certain NMLRs.

Section 202(d)(3) of the Act references legitimacy with respect to the dependency requirement for child's benefits (see GN 00306.002C).

A "legitimizing event" is an act specified in a State's laws that grants legal status to a nonmarital child (see the State Law Digest in GN 00306.405 through GN 00306.680).

NOTE: We consider a child "legitimated" after birth to have been legitimate as of the date of birth. A legitimated child has intestate inheritance rights in the NH's estate. Many States no longer distinguish between legitimate and illegitimate children for parent-child relationship purposes. "Legitimate" often references a child born during a marriage.

Under 20 C.F.R. § 404.355, a "natural child" is a child who can establish a parent-child relationship with the insured under section 216(h)(2) or section 216(h)(3) of the Act.

How a State defines "natural child," if this term is used in State law, may differ from how we define "natural child" for Title II purposes. Whether a State refers to a "natural child" and how a State defines a "natural child" does not control our determination of "natural child" for Title II purposes.

NOTE: We deem a child who can establish natural child status under the Act and Regulations dependent upon the insured (see chart in GN 00306.002F).

A "posthumous child" is a child conceived while the NH is living but born after the NH's death.

NOTE: A posthumous child is not the same as a "posthumously conceived child." For definition of posthumously conceived child, see GN 00306.001Q.

A "posthumously conceived child" is a child conceived through ART or AI after the NH's death using the NH's preserved genetic material, i.e., ovum or sperm. For a definition of ART, see GN 00306.001A. For a definition of AI, see GN 00306.001B. Contrast with "posthumous child" in GN 00306.001P.

NOTE: A posthumously conceived child can only be entitled if he or she has inheritance rights under applicable State intestacy law (see GN 00306.014D).

For purposes of parent-child relationship determinations, "State" includes the 50 States, the District of Columbia, the U.S. Virgin Islands (beginning 9/1/1950), the Commonwealth of Puerto Rico (beginning 1/1/1951), Guam (beginning 1/1/1961), American Samoa (beginning 1/1/1961), and the Northern Mariana Islands (beginning 1/9/1978).

"Surrogacy" is the practice by which a traditional or gestational surrogate becomes pregnant and gives birth to a baby for the intended parent(s). For definition of intended parent(s), see GN 00306.001I.

NOTE: When a claim involves surrogacy, see GN 00306.014C.