TN 128 (04-24)

GN 00306.120 Section 216(h)(3) - Using Information From Child's Birth Certificate (BC) as Written Acknowledgment or Proof of Court Order

NOTE: These instructions apply only to section 216(h)(3) child determinations. Do not apply these instructions when making a 216(h)(2)(A) child determination.

A. Policy — Number holder's (NH) signature shown as informant

The child's BC with the NH's signature as informant establishes written acknowledgment if it shows the NH's name as that of the child's parent.

B. Procedure — NH not shown as informant

Certain State laws or regulations require a father's written consent or a court determination before the BC of an illegitimate child can show the father's name, or show the child's surname the same as the father's. You may follow either of the following two procedures to determine if the NH filed such a written statement or if a court determination of paternity was issued.

CAUTION:You may not infer from information on the BC that there was written consent or a court determination unless one of the two procedures is productive. If you entitle the child based on a positive result from the Bureau of Vital Statistics (BVS) or a legal precedent opinion, document the file (on the Modernized Claims System (MCS) Report of Contact (RPOC) screen or on a Report of Contact (RC) in non-MCS cases) with respect to the basis of entitlement.

1. Contact BVS

Contact the vital statistics office to determine if a written statement or court determination was filed.

CAUTION: See GN 00302.510G. and GN 00302.510H. for a list of States that will not release information about an amended BC.

2. Use Precedent Opinions

Alternatively, you may presume that there has been a written acknowledgment or court determination of paternity, but only if:

  • The BC shows illegitimacy per GN 00306.120B.3.; and

  • A precedent Office of the General Counsel (OGC) legal opinion in PR 01210.000 shows that applicable State law or regulations require the written acknowledgment or court determination of paternity to be filed in order for the father's name to appear on the BC, or for the child's surname to be the same as the father's on the BC.

3. How BC Shows Illegitimacy

Generally, a BC shows illegitimacy in one or more of the following ways:

  • It has been amended with reference to sections of the annotated State code that apply to illegitimate children;

  • It shows that the child's last name is the same as the mother's but not the alleged father's; or

  • It has a block that can be checked to show that the child is illegitimate.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306120
GN 00306.120 - Section 216(h)(3) - Using Information From Child's Birth Certificate (BC) as Written Acknowledgment or Proof of Court Order - 04/30/2024
Batch run: 04/30/2024
Rev:04/30/2024