QUESTION PRESENTED
               You have requested an opinion regarding the documentation required to process applications
                  for Social Security Numbers for minor children in the state of Utah who have been
                  relinquished to the custody of licensed adoption agencies. You have not presented
                  any specific factual situation. Rather, you have asked whether, in general, (1) a
                  signed statement relinquishing a child to a child placement agency establishes that
                  the agency has legal custody of the child; (2) whether the signed relinquishment statement
                  would be considered a court custody document; and (3) whether legal guardianship documents
                  still would be required for enumeration purposes.
               
               Short Answer
               Under Utah adoption statutes, a statement relinquishing a child to a licensed adoption
                  agency, obtained in accordance with the applicable state statutory and regulatory
                  provisions, vests that agency with legal custody of the child. The relinquishment
                  statement is not a "court custody document" as set forth in the POMS; however, in
                  Utah, a licensed adoption agency does not have to obtain a court custody document
                  to acquire legal custody if it follows the state statutory and regulatory requirements
                  for obtaining a statement of relinquishment. Because Utah statutes confer legal custody
                  of a child on a licensed adoption agency in the event of properly executed statement
                  of relinquishment, the agency would not need to present documentation of legal guardianship
                  in order for SSA to process the SS-5 application._1
               
               DISCUSSION
               A state licensed agency, such as a private adoption agency, may apply for an SSN on
                  behalf of another individual, so long as it can establish relationship to and custody/responsibility
                  for the child. By operation of the Utah adoption statute, a licensed adoption agency
                  assumes custody of a child upon the signing of relinquishment by the proper person
                  or persons. Utah Code Ann. § 78-30-4.14 (2006)_2 defines who may consent to adoption
                  or relinquishment for adoption, and § 78-30-4.16 defines persons who may take consents
                  and relinquishments. "Once a child has been placed with, relinquished to, or ordered
                  into the custody of a licensed child-placing agency for purposes of adoption, the
                  agency shall have custody and control of the child and is responsible for his care,
                  maintenance, and support." Id. § 78-30-4.22 (2). The state of Utah defines "custody" as the "right to or responsibility
                  for a child's care and control, carrying with it the duty of providing food, shelter,
                  medical care, education and discipline." http://www.utcourts.gov/resources/glossary.htm.
               
               While POMS RM 00202.005.D.5 presumes that "court custody documents" are required to establish legal custody
                  in all states, we believe that a properly worded and signed statement of relinquishment
                  is sufficient to establish legal custody in the state of Utah. In such instances,
                  we do not believe a licensed adoption agency would need to present documentation of
                  legal guardianship in order for SSA to process the SS-5 application.
               
               CONCLUSION
               We believe that, by operation of the Utah adoption statute, a licensed adoption agency
                  automatically acquires legal custody of a child who is the subject of a properly worded
                  and executed statement of relinquishment, and the agency is not required to obtain
                  court custody documents to file an application for an SSN.
               
               Very truly yours,
               Deana R. E~-L~
 Regional Chief Counsel
               
               Teresa H. A~ 
 Assistant Regional Counsel
               
                
               _1 This opinion is based solely on your generally inquiry. In the event a specific
                  fact situation arises, we may reach a different conclusion.
               
               _2 All references are to the 2006 edition.