The claimant, Michelle D. M~ , was born on December 16, 1974, to Cora M~ (D~). No
                  father's name was listed on Michelle's birth certificate. Ms. D~ has filed a claim
                  for child's insurance benefits on Michelle's behalf on the account of Michael D. S~,
                  who died on March 29, 1979. Cora has stated that Michael orally acknowledged Michelle
                  as his daughter to their friends and relatives. The oral acknowledgement was verified
                  by the deceased wage earner's mother, sister, and brother. At the time of Michelle's
                  birth, the wage earner was married to another woman, Mary S~ (M~ ). According to statements
                  in the claims file, their marriage had not been stable for some period of time before
                  Michelle was born. After her birth, the wage earner left his wife for good. He moved
                  in with Cora and Michelle and lived with them as a family for two to four years following
                  Michelle's birth (although some statements indicate that this living arrangement may
                  have been temporarily suspended a number of times during that period). Sometime in
                  1977 Michael moved to California, while Cora and Michelle remained on the east coast.
                  He died domiciled in California. (One statement from Cora indicates that he may have
                  returned to live with Michelle and her for a few months in 1979; however, no one disputes
                  that his domicile at the time of his death was California.) No written acknowledgement
                  by Michael of Michelle's paternity has been located.
               
               You sought our advice as to whether Michelle might be entitled to benefits on the
                  decease wage earner's account on either of two theories: (1) on the basis of a parent
                  and child relationship under California law, even though Michelle was never in California;
                  or (2) under Massachusetts' legitimation statute, although the wage earner died a
                  California domiciliary. You correctly pointed out that under section 216(h) (2) (A)
                  of the Social Security Act, California law would be applicable to this claim, because
                  the wage earner died a California domiciliary. The issue, therefore, is whether California
                  probate courts would apply California substantive law or would look to the substantive
                  law of another jurisdiction in determining whether Michelle was the deceased wage
                  earner's "child."
               
               Your first question is whether, as a matter of law, actions which the wage earner
                  undertook exclusively in another state will suffice to establish a parent and child
                  relationship for purposes of intestate succession in California. California courts
                  have consistently held that acts performed by a father outside of California, which
                  acts would not have the effect of conferring the status of legitimacy upon the child
                  under the laws of the jurisdiction where the acts occurred, will nonetheless confer
                  upon the child a de facto status of legitimacy if the acts meet the California law
                  test for such status, and will thereafter ripen into the legal status of legitimacy
                  upon the father's establishment of a California domicile. See, e.g., In re Lund's Estate, 26 Cal. 2d 472, 159 P.2d 643 (1945); Blythe v. Ayres, 96 Cal. 532, 31 P. 915 (1892); Estate of Bassi, 234 Cal. App. 2d 529, 44 Cal. Rptr. 541 (1965); Wolf v. Gall, 32 Cal. App. 286, 163 P. 346 (1916); see also Kaliski v. District Director of Immigration  and Nationality Service, 620 F.2d 214 (9th Cir. 1980); GC Opinions re Clem J~ , C-6637, December 1, 1948,
                  and Ramon P~, August 4, 1965. The courts distinguish between the immediate legal significance
                  of the acts, which is dependent upon the laws of the jurisdiction where they occurred,
                  and their factual significance, which remains forever and may later become controlling
                  for purposes of California law. In California's view, the factual significance of
                  the acts continues unabated wherever the man may go; if he subsequently becomes domiciled
                  and dies in California, that factual basis may blossom into the child's acquisition
                  of a certain legal status for purposes of sharing in his estate as his "issue." (In
                  adopting this perspective for purposes of California law, the courts have acknowledged
                  that California is not espousing the "general rule," as embodied within the Restatement
                  of Conflicts of Laws. See, e.g., In re Lund's  Estate, cited above, at 649. That "general rule" apparently is reflected in POMS.)
               
               Although all of these cases were decided under former Civil Code section 230 (governing
                  legitimation of children), there is no reason to believe that adoption of the Uniform
                  Parentage Act in California would cause the courts to alter their rule of law. The
                  premise of the courts' holding is in no way dependent upon the particular elements
                  of the state's standard for legitimating a child or establishing a parent and child
                  relationship. The courts were resolving a conflicts of law question: whether the legal
                  effect of the facts would be adjudged under California law or under the law of the
                  jurisdiction where the acts occurred. Once that conflicts question is resolved, the
                  courts would simply apply the appropriate local law.
               
               Because the wage earner died in 1979, and considering that at least some of his actions
                  vis-a-vis Michelle occurred during (and perhaps after) 1976, California courts would
                  apply the Uniform Parentage Act (Civil Code section 7000 et seq.) in determining whether
                  Michelle would have intestate succession rights to the deceased wage earner's estate.
                  20 C.F.R. § 404.354(b); Cal. Probate Code § 255(a), (d); GC Opinion re Joseph M. C~,
                  September 6, 1983. Because the wage earner and Cora neither married nor attempted
                  to marry, the only rebuttable presumption of paternity potentially applicable to this
                  case is found in section 7004(a) (4) of California's Uniform Parentage Act. That presumption
                  requires that the man have received the child into his home and openly held her out
                  as his natural child. You have already determined that, factually, the wage earner
                  met this standard with respect to Michelle, a conclusion which we believe is amply
                  supported by the evidence you have gathered. Therefore, Michelle would be entitled
                  to child's insurance benefits on the deceased wage earner's account. [1]