Effective Dates: 09/13/2019 - Present Previous | Next

TN 43 (09-19)

GN 00306.012 Presumption of Title II Parent-Child Relationship Under State Intestacy Law - Child and Birth Mother

A. General rule for presuming Title II parent-child relationship under State intestacy law for child and birth mother

We generally presume that a child would inherit as the NH's child from the child’s birth mother if the birth mother were to die intestate in all states, unless the evidence provides a reason to question the presumption. Follow the instructions in this section to determine if the NH is the child’s birth mother and legal parent. If you determine the NH is the child’s birth mother and legal parent:

  • •

    presume a parent-child relationship under State intestacy law, and

  • •

    deem the child dependent on the NH.

EXCEPTION: If the child was born to a surrogate mother, do not apply this general rule. Instead, follow instructions in GN 00306.014C.

B. Evidence that the NH is the child's birth mother and legal parent

Accept the child’s Enumeration at Birth (EAB) Numident or birth record as proof that the NH is the child’s birth mother and legal parent if the requirements in GN 00306.012B.1 or GN 00306.012B.2 are met. If such a record is not available, pursue other evidence that the NH is the child's birth mother.

1. EAB Numident

Use the child's Numident as evidence that the NH is the child's birth mother and legal parent when:

  • •

    there is a “6” in the form code (FMC) field on the INTERNAL line, indicating an EAB record;

  • •

    there is the NH’s name at birth in the mother’s name at birth (MNA) field, setting aside minor discrepancies as described in GN 00203.020C;

  • •

    there is no Numident record created after the EAB record that shows a name other than the NH’s in the MNA field;

  • •

    and there is no reason to question that the NH is the child’s birth mother and legal parent (see GN 00306.012C).

2. Birth record

Use a public or religious record of birth as evidence that the NH is the child’s birth mother and legal parent when:

  • •

    the NH is named as the child’s birth mother, setting aside minor discrepancies as described in GN 00203.020C and taking into consideration any other names she may have used; and

  • •

    there is no reason to question the that NH is the child’s birth mother and legal parent (see GN 00306.012C).

For policy on public and religious records of birth, see GN 00302.054 and GN 00302.056.

C. When not to apply presumption based on evidence that the NH is the child's birth mother

Do not presume that State law would allow a child to inherit intestate from the NH when there is a reason to question the birth mother-child relationship, such as those provided in this subsection, for which there is no reasonable explanation. If there is an indication that the NH may not be the child’s birth mother and legal parent, additional development is necessary. If, after pursuing additional development, the relationship remains unclear, follow instructions in GN 00306.011B.

1. Child's Numident or BC does not meet the requirements in GN 00306.012B

Do not presume the NH is the child's birth mother if:

  • •

    the EAB Numident or child's BC shows someone other than the NH in the MNA field; or

  • •

    a Numident record created after the EAB record shows a name other than the NH's in the MNA field.

2. Claims file or other Social Security Administration (SSA) record contains evidence that the NH may not be the child's birth mother

Unless there is a reasonable explanation, do not presume a child may inherit intestate from the NH when the claims file or other SSA record contains evidence that the NH may not be the child's birth mother, such as:

  • •

    the NH filed an application for benefits where she did not list the child as hers; or

  • •

    the NH failed to file for mother's benefits, where applicable, as the child's mother.

The following are examples of reasonable explanations for the NH not listing the child as hers on an application for benefits or not filing for mother's benefits:

  • •

    the child was born after the NH filed an application for benefits;

  • •

    the NH was working; or

  • •

    the NH's entitlement would have affected the benefit rates of the children due to the family maximum (see RS 00208.105).

3. Claims file or other SSA record contains evidence that the NH may not be the child's legal parent

Do not presume a child may inherit intestate from the NH when the claims file or other SSA record contains evidence to indicate that, while being the child’s birth mother, the NH may not be the child’s legal parent according to the intestacy laws of her State of domicile (see GN 00306.014G). For example:

  • •

    the NH gave birth to the child under a surrogacy agreement on behalf of the intended parent(s) (see GN 00306.014C);

  • •

    the NH's parental rights have been terminated (see GN 00306.010C); or

  • •

    the child was adopted by someone other than the NH during the NH's lifetime (see GN 00306.165).

4. Individual challenges alleged parent-child relationship

If an adversely affected beneficiary or any other party challenges the alleged birth mother-child relationship, follow the instructions in GN 00306.310.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306012
GN 00306.012 - Presumption of Title II Parent-Child Relationship Under State Intestacy Law - Child and Birth Mother - 09/13/2019
Batch run: 09/13/2019
Rev:09/13/2019