QUESTION
               You asked whether the claimant was validly married to the number holder for purposes
                  of determining the claimant's eligibility for widow's insurance benefits on the number
                  holder's earnings record where the claimant is the biological daughter of the number
                  holder's deceased wife.
               
               OPINION
               The marriage between the claimant and the number holder was either valid or voidable. Because
                  we have no evidence that a court declared the marriage void before number holder died,
                  the outcome, for our purposes, is the same.  That is, the marriage between the claimant
                  and the number holder was valid for purposes of determining the claimant's eligibility
                  for widow's insurance benefits on the number holder's earnings record, whether the
                  marriage was valid from its inception or voidable and not later voided by a court.
               
               BACKGROUND
               Lynda (Claimant) was born in Colorado on May, and named Lynda. A New Mexico marriage
                  license and certificate shows Claimant’s mother, Jacqueline, married Billie in 1945,
                  and Claimant reported her mother and Billie were married when she was born. Records
                  of the Social Security Administration (SSA) indicate that Claimant’s mother and Billie
                  apparently divorced, but SSA does not have proof of the divorce or the date of the
                  divorce. 
               
               Clyde, the number holder (NH), married Claimant’s mother in Texas on July 12, 1952,
                  when Claimant was three years old.  According to Claimant, NH initiated proceedings
                  to adopt her in 1955, but she does not know whether the adoption was successful. A
                  certified copy, issued in 2005, of Claimant's Colorado birth certificate includes
                  her birth name and lists her mother and Billie as her parents. However, on March 15,
                  1965, when Claimant was sixteen, she requested a Social Security number and indicated
                  her last name was B~ (NH’s last name).  On this request, she also listed NH as her
                  father. When Claimant requested a change of last name on her Social Security card
                  on December 20, 1977, she indicated NH was her father.  On September 12, 2001, Claimant
                  requested a replacement Social Security card and again listed NH as her father. 
               
               According to SSA records, Claimant’s mother died on October 8, 2008. Claimant and
                  NH purportedly married on September 11, 2010, in South Carolina. NH's death certificate
                  indicates he died on September 26, 2011, while a resident of South Carolina. 
               
               Claimant applied for, and received, widow’s insurance benefits and the lump sum death
                  benefit on NH's earning record. SSA suspended her benefits after discovering NH was
                  her stepfather. Claimant reported she did not inform SSA that NH was her stepfather
                  when she filed her application because an attorney allegedly had told her that in
                  South Carolina it was legal to marry a member of her family as long as the person
                  was not of the same sex. Claimant said she married NH to prevent NH’s biological children
                  from placing him in a skilled nursing facility. She said she took care of NH for five
                  years preceding his death. 
               
               DISCUSSION
               Under the Social Security Act (Act), a claimant may be eligible for widow’s insurance
                  benefits if she is the “widow” of an individual who died a fully insured individual. See Act § 202(e)(1); 20 C.F.R. § 404.335 (2011). “Widow” means the “surviving wife” of
                  an individual. See Act § 216(c)(1); 20 C.F.R. §§ 404.335(a), 404.344 (2011). A claimant was the “wife”
                  of the insured if the courts of State in which the insured was domiciled when he died
                  would find the claimant and the insured were validly married when he died. A claimant
                  may be the insured’s “surviving wife” if she was married to the insured for at least
                  nine months immediately before the insured died. See Act § 216(c)(1); 20 C.F.R. § 404.335(a)(1). Claimant’s purported marriage to NH lasted
                  more than nine months immediately prior to his death. See Act § 216(h)(1)(A)(i); 20 C.F.R. §§ 404.344, 404.345 (2011). NH's death certificate
                  indicates he was a resident of South Carolina when he died.  Therefore, we look to
                  South Carolina law to determine if Claimant and NH were validly married when NH died. 
               
               In South Carolina, no man can marry his daughter or his wife's daughter and no woman
                  may marry her stepfather. S.C. Code Ann. § 20-1-10(B), (C) (2011). It is not clear,
                  in this case, whether NH adopted Claimant in 1955.  Claimant reports NH initiated
                  adoption proceedings but she does not know whether the adoption was successful. A
                  2005 copy of Claimant’s Colorado birth certificate does not reflect an adoption; nor
                  does it prove that an adoption did not occur in another state. 
               
               Similarly, it is not certain that Claimant would qualify as NH’s “wife’s daughter”
                  or that NH would qualify as Claimant’s “stepfather” under S.C. Code Ann. § 20-1-10. The
                  marriage between NH and Claimant’s mother ended with the death of Claimant’s mother. See Jannino v. Jannino, 108 S.E.2d 572, 575 (S.C. 1959); State v. Sellers, 134 S.E. 873, 874 (S.C. 1926). Consequently, one could assert that, after that marriage
                  ended, Claimant was no longer NH’s “wife’s daughter” and that NH was no longer Claimant’s
                  “stepfather.” On the other hand, one could interpret S.C. Code Ann. § 20-1-10 to mean
                  the “wife’s daughter” and “stepfather” relationship persists after the mother’s death. Since
                  bigamy laws would prohibit the husband’s marriage to his stepdaughter (or to anyone
                  else) while he is married to the mother, the State legislature would not have needed
                  to make the same marriage illegal under S.C. Code Ann. § 20-1-10. 
               
               South Carolina law provides little guidance on whether a man’s marriage to his ex-wife’s
                  daughter is prohibited under S.C. Code Ann. § 20-1-10. However, we do not need to
                  resolve that question here, or the question of whether NH adopted Claimant in 1955,
                  because a marriage that violates S.C. Code Ann. § 20-1-10 is voidable, rather than
                  void. A voidable marriage is deemed valid “to all intents and for all civil purposes”
                  if the marriage is not avoided or annulled while both parties to the marriage are
                  still living. Bennett v. Bennett, 10 S.E.2d 23, 24 (S.C. 1940); see also Smith v. State, 85 S.E. 958 (S.C. 1915); Tyson v. Weatherly, 52 S.E.2d 410 (S.C. 1949). A court must declare the prohibited marriage void in
                  an action directly attacking the validity of the marriage. See S.C. Code Ann § 20-1-510 (2011); see generally State v. Sellers, 134 S.E. 873, 877 (S.C. 1926). 
               
               Although South Carolina courts apparently have not directly addressed the issue of
                  the validity of a marriage between a stepchild and stepparent, the South Carolina
                  Supreme Court, considered the issue tangentially in a case involving the construction
                  of the terms of a deed of property. In T~, the court held that the contingencies in the deed had not occurred and, therefore,
                  the property did not pass to the grantee under the terms of the deed but instead to
                  the decedent's devisees under his will. 52 S.E.2d at 410-12. In attempting to undermine the rights of the will's devisees, the plaintiffs
                  made a cursory argument that, because the decedent's widow married the decedent's
                  son, i.e., her stepson, she and her heirs were precluded from inheriting under the
                  decedent's will. See id. at 412.  The court noted the decedent's widow and his son had both died and no action
                  or proceeding was ever brought to avoid their marriage, and the plaintiffs' brief
                  provided no further argument regarding the issue. See id.  Nevertheless, the court considered the issue and stated the precursor to S.C. Code
                  Ann. § 20-1-10 prohibited the marriage. See id.; S.C. Code Ann. § 20-1-10(B) & (C) (prohibiting a man from marrying his stepmother
                  and a woman from marrying her husband's son). Though this conclusion could provide
                  some support for interpreting S.C. Code Ann. § 20-1-10 as prohibiting a man’s marriage
                  to the daughter of his ex-wife (the second alternative interpretation, above), that
                  support would be weak, because the parties did not fully brief the issue and the conclusion
                  was not essential to the decision of the court.
               
               More important for our purposes, however, is the court’s indication that the marriage
                  between the decedent’s wife and son was voidable but not void, and because the parties
                  had died without avoidance or annulment of the marriage, the marriage was valid. See id. See generally B~, 10 S.E.2d at 24 (finding a marriage between half-blood siblings voidable); S~, 85 S.E. at 960 (same). 
               
               Consequently, if NH adopted Claimant in 1955, or if a South Carolina court would interpret
                  S.C. Code Ann. § 20-1-10 as prohibiting a marriage between a woman and her mother’s
                  ex-husband, the marriage between NH and Claimant was voidable.  Since we have no evidence
                  that any court voided the marriage before NH died, that marriage was valid under South
                  Carolina law. If, on the other hand, NH never adopted Claimant and S.C. Code Ann.
                  § 20-1-10 is better read to presume a stepparent/stepchild relationship dissolves
                  when the marriage between a man and the child’s biological mother ends, the marriage
                  between NH and Claimant would appear to be valid under South Carolina law.  In either
                  case, we believe the marriage between Claimant and NH was valid as of NH’s
               
               CONCLUSION
               We believe Claimant and NH were validly married under South Carolina law for the purposes
                  of determining whether Claimant is eligible for widow's insurance benefits on NH's
                  earnings record.  
               
               Mary Ann Sloan
 Acting Regional Chief Counsel,
               
               By: Arthurice T. Brundidge
 Assistant Regional Counsel