Effective Dates: 09/13/2019 - Present Previous | Next

TN 43 (09-19)

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

A. General rule for presuming Title II parent-child relationship under State intestacy law for child and birth mother's spouse

We generally presume that a child born to a validly married couple is the legal marital child of both the child’s birth mother and her spouse, regardless of the spouse’s gender, unless there is evidence to rebut the presumption. As a result, we generally presume that a child born to a validly married couple would inherit from the birth mother’s spouse in all states.

Follow the instructions in this section to determine if the child is the legal marital child of the number holder (NH) and the birth mother. If you determine the child is the legal marital child of the NH and the birth mother:

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    presume a parent-child relationship under State intestacy law; and

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    deem the child dependent on the NH.

EXCEPTIONS:

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    If the child was born to a surrogate mother, do not apply this general rule. Instead, follow instructions in GN 00306.014C.

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    If the child’s birth mother and the NH were in a non-marital legal relationship (NMLR), do not apply this general rule. Refer all cases involving children born to NMLRs for a legal opinion using instructions in GN 01010.815.

NOTE: A posthumously conceived child is a non-marital child (see GN 00306.014D).

B. Evidence of parent-child relationship based on NH's marriage to child's birth mother

Unless there is evidence to rebut the presumption, presume the child is the legal marital child of both the child’s birth mother and her spouse, regardless of the spouse’s gender, when:

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    there is evidence that the NH’s spouse was the child’s birth mother and legal parent (see GN 00306.013B.1);

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    there is an Enumeration at Birth (EAB) Numident or birth record for the child listing the NH as a parent (see GN 00306.013B.2.a and GN 00306.013B.2.b, respectively); and

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    there is proof that the NH and the child's birth mother were married at the time of the child's birth (see GN 00306.013B.3).

1. Evidence that the NH's spouse was the child's birth mother and legal parent

For instructions on developing evidence that the NH's spouse was the child's birth mother and legal parent, see GN 00306.012B.

2. Evidence of NH's relationship to child

Accept the child's EAB Numident or birth record as proof that the NH is the child's parent if the requirements in GN 00306.013B.2.a or GN 00306.013B.2.b are met.

IMPORTANT: Do not substitute other evidence for the EAB Numident or birth record. In the absence of an EAB Numident or birth record meeting the criteria in GN 00306.013B.2.a or GN 00306.013B.2.b, do not apply this presumption. Instead, follow the instructions in GN 00306.011B.

a. EAB Numident

Use the child's Numident as evidence that the NH is the child's legal parent when:

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    there is an iteration that shows a "6" in the form code (FMC) field of the INTERNAL line, indicating an EAB record;

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    the NH's name is in the parent/father's name (FNA) field of the EAB Numident setting aside minor discrepancies as described in GN 00203.020C and taking into consideration any other names the alleged parent may have used;

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    the NH was alive at the time the EAB record was established;

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    there is no Numident record created after the EAB record that shows a name other than the NH's in the FNA field; and

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    there is no reason to question that the alleged parent is the child's legal parent (see GN 00306.013C).

b. Birth record

Use a public or religious record of birth as evidence that the NH is the child's legal parent when:

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

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    the birth record was established during the NH's lifetime; and

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    there is no reason to question that the NH is the child's legal parent (see GN 00306.013C).

For policy on public and religious records of birth, see GN 00302.054 and GN 00302.056.

3. Proof of marriage

To determine if the NH and the child's birth mother were married at the time of the child's birth:

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    refer to evidence available to SSA from current or prior claims to determine the date the NH married the child’s birth mother, such as marriage screens in the Modernized Claims System (MCS) or Application Summaries in the Online Retrieval System (ORS); or

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    obtain a signed statement from at least one of the child’s parents stating the date of the marriage. If taking the claim in MCS and one of the parents is the proper applicant for the child, use the Remarks (RMKS) screen to obtain the parent’s statement. The act of attesting to the information provided in the MCS claims path is deemed equivalent to a signature (see GN 00201.015C). Otherwise, obtain a Statement of Claimant or Other Person (SSA-795) from at least one of the child’s parents stating the date of the marriage; or

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    develop evidence of the marital relationship, including a same-sex marriage, according to instructions in GN 00305.000 and GN 00210.000.

If the date of marriage is prior to the date of the child's birth and the marriage was not terminated prior to that time, assume that the child is a marital child.

NOTE: If the parents’ marriage was not valid, the child may qualify as a child of an invalid ceremonial marriage (see GN 00306.090) or as the NH’s child under section 216(h)(3) (see GN 00306.100 through GN 00306.125).

REMINDER: Refer all cases involving children born to NMLRs for a legal opinion using instructions in GN 01010.815.

C. When not to apply presumption based on evidence that NH was married to child's birth mother

If any of these circumstances apply, do not presume that State law would allow a child to inherit intestate from the NH based on evidence that the NH was married to the child’s birth mother at the time of the child’s birth. If there is an indication that the NH may not have been married to the child’s birth mother at the time of the child’s birth or the NH may not be the child’s legal parent, additional development is necessary. If, after pursuing additional development, the relationship remains unclear, follow instructions in GN 00306.011B.

1. Child conceived after the NH's death

See GN 00306.014D.

2. Child born more than 287 days after divorce

If the child was born more than 287 days after the birth mother and NH divorce, do not apply the presumption. Instead, follow instructions in GN 00306.011B.

3. Child born more than 287 days after death of NH

See GN 00306.014D.

4. Child conceived during one marriage and born during a subsequent one

If the child was conceived during one marriage and born during a subsequent one, do not apply the presumption. Instead, follow instructions in GN 00306.011B.

NOTE: To permit payment as soon as possible, consider entitling the child as a stepchild (see GN 00306.230) or as the NH's biological child under section 216(h)(3) of the Act (see GN 00306.100 through GN 00306.125) while you continue to develop the child relationship under State law.

5. NH or child's birth mother volunteers information that raises doubt about child's parentage

Do not apply the presumption if the NH or the child’s birth mother volunteers information that raises questions about the child’s parentage. The acceptability of such statements depends on whether the State applies the Lord Mansfield Rule (see GN 00306.025 and GN 00306.026).

6. Claims file or other Social Security Administration (SSA) record contains evidence that NH's spouse may not be the child's birth mother

Unless there is a reasonable explanation, do not apply the presumption when the claims file or other SSA record contains evidence to indicate that the NH’s spouse is not the child’s birth mother (see GN 00306.012C).

7. Claims file or other SSA record contains evidence that child was not born during the NH's marriage to the child's birth mother and legal parent

Unless there is a reasonable explanation, do not apply the presumption when the claims file or other SSA record contains evidence to indicate that the NH was not married to the child’s birth mother and legal parent at the time of the child’s birth. For example:

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    the child’s birth mother filed an application for benefits during the alleged marriage, and she did not list the NH as her spouse;

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    the NH filed an application for benefits during the alleged marriage, and he or she did not list the child’s birth mother as his or her spouse;

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    the NH filed an application for benefits and did not list the child as his or her child; or

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    the NH failed to file for mother’s or father’s benefits, where applicable, as the child’s mother or father.

8. Claim file or other SSA record contains evidence that NH may not be the child's legal parent

Do not apply the presumption when the claims file or other SSA record contains evidence that the NH, while being the spouse of the child’s birth mother, may not be the child’s legal parent according to the intestacy laws of his or her State of domicile, for example:

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    his or her parental rights have been terminated by court order (see GN 00306.010C); or

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    the child was adopted by someone other than the NH during the NH’s lifetime (see GN 00306.165).

9. Individual challenges alleged parent-child relationship

Do not apply the presumption if an adversely affected beneficiary or any other party challenges the alleged birth mother-child relationship or the validity of the NH’s marriage to the birth mother. Instead, follow the instructions in GN 00306.310.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306013
GN 00306.013 - Presumption of Title II Parent-Child Relationship Under State Intestacy Law - Child and Birth Mother's Spouse - 09/13/2019
Batch run: 09/12/2023
Rev:09/13/2019