QUESTION PRESENTED
               You asked us to determine if claimants, minors A~ and S~, would be able to inherit
                  from C~ (NH) pursuant to West Virginia intestacy law, and thus entitled to surviving
                  child’s insurance benefits on the record of the NH when the NH’s parental rights were
                  terminated with respect to the claimants prior to his death?
               
               CONCLUSION
               We believe that West Virginia law would not recognize a parent-child relationship
                  between the NH and the claimant following the termination of the NH’s parental rights,
                  and thus does not allow the claimants to inherit from the NH through intestacy. Therefore,
                  we believe that the claimants are not entitled to surviving child’s insurance benefits
                  on NH’s record.
               
               BACKGROUND
               On January XX, 2011, the Circuit Court of C~ County, West Virginia issued a final
                  Dispositional Hearing Order (Order) permanently terminating the parental rights of
                  NH with respect to the claimants. The NH’s parental rights were involuntarily terminated
                  pursuant to West Virginia’s Child Welfare Act on the grounds of abuse and neglect.
                  Although the Order appears to continue the NH’s child support obligations to his other
                  biological children with a different biological mother, the Order does not continue
                  the NH’s child support obligations to the claimants. The Order also awards physical
                  and legal care, custody, and control of the claimants to their biological mother,
                  J~. On August XX, 2016, the NH died in his state of domicile, West Virginia.
               
               On September XX, 2016, the claimants’ biological mother, J~, filed an application
                  on the record of the NH for surviving child’s benefits on behalf of the claimants.
                  The claimants were not adopted by a third party during the NH’s lifetime.
               
               DISCUSSION
               To qualify for child’s insurance 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);
               
               20 C.F.R. § 404.350(a)(1). A claimant can qualify as the insured individual’s natural
                  child if the claimant could inherit from the insured individual as his child. See Act § 216(h)(2)(A);
               
               20 C.F.R. § 404.355(a)(1), (b). To determine if a claimant could inherit from the
                  insured individual, the Social Security Administration applies the intestacy laws
                  of the state where the insured had his permanent home when he died. See Act § 216(h)(2)(A); 20 C.F.R. § 404.355(a)(1), (b)(1). Because NH was domiciled in
                  West Virginia when he died, we look to West Virginia law to determine whether the
                  claimants could inherit from the NH as his children. Act § 216(h)(2)(A); 20 C.F.R.
                  § 404.355 (b)(4).
               
               Neither the West Virginia’s intestacy code nor cases interpreting the code specifically
                  address whether a child may inherit from a parent following the termination of parental
                  rights where the child is not subsequently adopted.[1] West Virginia intestate law more broadly provides that a child may inherit from his
                  parent if a parent-child relationship exists between them. See W. Va. Code § 42-1-3a (1995) (permitting a decedent’s descendants to inherit from
                  the decedent through intestate succession); W. Va. Code § 42-1-1(5) (defining as descendant
                  of an individual as all his descendants with the relationship of a parent and child
                  as defined by the code); W. Va. Code § 42-1-1(26) (defining a parent as “any person
                  entitled to take, or who would be entitled to take if the child died without a will.”).[2] Thus, here, the claimants may only inherit from the NH if their parent-child relationship
                  survived the termination of parental rights of the NH.
               
               Under West Virginia law, a parent-child relationship does not survive the termination
                  of parental rights. See In re Cesar L., 221 W. Va. 249 (2007) (finding a biological mother who voluntarily relinquished
                  her parental rights lacked standing to contest a child’s disposition order in an abuse
                  and neglect proceeding); In re A.H., No. 12-462, 2012 WL 4069567 (Sept. 7, 2012) (finding a biological father whose rights
                  were involuntarily terminated lacked standing to contest a child’s disposition order
                  in an abuse and neglect proceeding).
               
               In re Cesar, the Supreme Court of Appeals of West Virginia (the state’s highest court) held that
                  “a final order terminating a person’s parental right, as a result of either an involuntary
                  termination or voluntary replenishment, completely severs the parent-child relationship, and as a consequence of such order of termination, the law no longer recognizes such person as a “parent” with regard to the child(ren) involved in the particular termination proceeding.”
                  Id. at 258-59 (further stating that termination of parental rights “relieves such person
                  of all the rights and privileges, as well as duties and obligations, considered to
                  be ‘parental rights’” and “the person who formerly possessed such parental rights
                  loses his his/hers status as the child’s parent”) (emphasis added); In re A.H., 2012 WL 4069567 at *3-4 (applying In re Cesar to cases involving involuntary termination of parental rights). Although In re Cesar addresses a parent’s standing to contest a dispositional order in an abuse and neglect
                  case, we believe that West Virginia’s Supreme Court of Appeals would extend its broad
                  and sweeping holding that the termination of parental rights completely severs the
                  parent-child relationship to matters involving intestate succession.
               
               Thus, we believe that the statutes and cases referenced herein dictate that the termination
                  of parental rights severs the parent-child relationship such that the child no longer
                  has the right to inherit from that parent under West Virginia intestacy law. Thus,
                  we believe that the claimants are not entitled to surviving child’s insurance benefits
                  on NH’s record.