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:

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  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;

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  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;

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  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

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  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).

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).

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.