TN 41 (06-19)

GN 00306.090 Title II Child's Benefits Based on an Invalid Ceremonial Marriage

CITATIONS:

Act - Sec. 216(h)(2)(B)
Regulations - Secs. 404.355(a)(2) and 404.346

A. Child born of an invalid marriage - Section 216(h)(2)(B)

The number holder’s (NH) biological child may meet the relationship requirement for Title II child's benefits if his or her parents went through a ceremonial marriage that would have been valid except:

  • a prior marriage had not ended or,

there was a legal impediment in connection with the intended marriage, but this is limited to:

  • when an attempted dissolution of a prior marriage was not valid, such as a mail order divorce; or

  • when the intended marriage is invalid because there was a defect in the procedure followed in connection with the intended marriage, such as a religious marriage in a country that requires a civil ceremony or failure to comply with State licensing requirements. For any case in which there is doubt about whether the defect is procedural, request a legal opinion following instructions in GN 01010.815.

For cases involving child's entitlement only, the concept of “good faith” (see GN 00305.055B.2) on the part of either or both of the child's parents at the time of the marriage ceremony is not material.

IMPORTANT: Do not apply this provision to determine a parent-child relationship for entitlement to:

  • parent's benefits (see RS 00209.000); or

  • child's benefits for a child conceived after the NH's death, also known as a posthumously conceived child. A posthumously conceived child can only be entitled if he or she has inheritance rights under State intestacy law. Refer all cases involving conception after the NH’s death for a legal opinion following instructions in GN 01010.815.

B. Developing entitlement when the parents’ marriage was invalid

When developing entitlement to child’s benefits based on an invalid ceremonial marriage, you must develop proof of the parents’ marriage ceremony and proof of the child’s relationship to the NH.

1. Proof of the parents’ marriage ceremony

Evidence of the parents’ marriage ceremony is always necessary to establish a child’s entitlement to benefits, even if we determine that the marriage was invalid. For more information on proof of ceremonial marriage, refer to GN 00305.020 and GN 00305.025.

2. Proof of the child’s biological relationship to the NH

Any pertinent evidence may establish the child’s biological relationship to the NH. The following are some examples of evidence:

  • the child’s Enumeration at Birth (EAB) Numident record showing the NH’s name in the mother's name at birth (MNA) or father's name (FNA) field, if no subsequent Numident iteration shows someone else’s name;

  • the child’s birth certificate recorded by a governmental entity charged to maintain such records, where the NH’s name appears in a space provided for the mother, father, or second parent;

  • a hospital or school record, showing the NH as the father or mother; or

  • a written acknowledgment by the NH to others, showing that the NH claimed the child as his or her own child.

NOTE: If a biological relationship cannot be shown, the child may be able to qualify as the stepchild of an invalid ceremonial marriage. For more information on stepchild relationship requirements, see GN 00306.230.

3. Dependency

Deem a child born during an invalid ceremonial marriage dependent on the NH unless someone other than the NH adopts the child during the NH's lifetime (see GN 00306.165).

C. Applying the presumption that the child is the NH’s biological child when the mother or father was legally married to someone else when the child was conceived

Entitlement to child's benefits based on the invalid ceremonial marriage of the NH and the child’s birth mother presumes that the child is the biological child of the NH, in keeping with the evidence provided according to GN 00306.090B.2.

This presumption applies, unless challenged, even if the mother was legally married to someone else when the child was conceived, as long as she and the NH were living together as a married couple at that time.

Consider whether:

  • the child’s birth mother was living with her legal (validly married) spouse when the child was conceived, or

  • someone challenges the presumption of biological parentage.

To weigh the factors when there is a challenge to a parent-child relationship, refer to GN 00306.310.

To determine the need for a legal opinion, refer to GN 00306.305.

To consider alternative child status options prior to disallowing the claim, refer to GN 00306.315.

D. References

  • GN 00305.020 Preferred Proof of Ceremonial Marriage

  • GN 00305.025 Secondary Proof of Ceremonial Marriage

  • GN 00305.055 Deemed Marriages

  • GN 00306.165 Entitlement Requirements - Child Adopted by Someone Other Than NH

  • GN 00306.305 Determining Status as Number Holder's Child: When to Request a Legal Opinion

  • GN 00306.310 Challenges to a Parent-Child Relationship Determination

  • GN 00306.315 Disallowing a Title II Child Claim Based on Failure to Establish Relationship


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306090
GN 00306.090 - Title II Child's Benefits Based on an Invalid Ceremonial Marriage - 06/07/2006
Batch run: 06/21/2019
Rev:06/07/2006