Entitlement to child's benefits based on the invalid ceremonial marriage of the NH
and the child’s birth mother presumes that the child is the biological child of the
NH, in keeping with the evidence provided according to GN 00306.090B.2.
This presumption applies, unless challenged, even if the mother was legally married
to someone else when the child was conceived, as long as she and the NH were living
together as a married couple at that time.
the child’s birth mother was living with her legal (validly married) spouse when the
child was conceived, or
someone challenges the presumption of biological parentage.
To weigh the factors when there is a challenge to a parent-child relationship, refer
to GN 00306.310.
To determine the need for a legal opinion, refer to GN 00306.305.
To consider alternative child status options prior to disallowing the claim, refer
to GN 00306.315.