QUESTION
               You asked whether the Claimant, Coby (Claimant), is entitled to survivor’s insurance
                  benefits as the child of the deceased wage earner (DWE), Jon, where DNA evidence indicates
                  that the DWE’s natural mother, is the Claimant’s paternal grandmother.
               
               SHORT ANSWER
               Yes. Under Nevada intestacy law, the Claimant can demonstrate that the DWE was his
                  natural father where DNA evidence indicates that the DWE’s mother is the paternal
                  grandmother of the Claimant.
               
               SUMMARY OF EVIDENCE
               The DWE was born on October in the Philippines. He was a U.S. citizen at the time
                  of his death on September 26, 2002 from multiple gunshot wounds.  The death certificate
                  states that the DWE was never married and was a resident of Henderson, Nevada. The
                  death certificate lists the DWE’s parents as Julian and Irene. Irene lived in Guam.  
               
               Claimant was born on August in Fairfield, California to Jeanine (mother). The birth
                  certificate does not include a name for Claimant’s father; however, his father’s date
                  of birth is listed as October. 
               
               Coby filed a child support case in September 1999 with the Solano County, California,
                  Department of Child Support Services (DCSS) alleging that the DWE was the noncustodial
                  parent.  Because he moved to Guam and Nevada, DCSS did not succeed in serving the
                  DWE with legal papers before his death, and therefore did not obtain a court order
                  for child support. DCSS closed the case in March 2003 due to the DWE’s death.
               
               Coby applied for survivor insurance benefits for the Claimant on the DWE’s earnings
                  record on four separate occasions. In a prior application, Coby stated that the Nevada
                  Coroner’s Office recognized Claimant as the DWE’s next of kin and that she signed
                  on Claimant’s behalf to release the DWE’s remains to his parents. In a “Child Relationship
                  Statement,” Form SSA-2519, dated October 22, 2007, Coby stated that a court had not
                  decreed the DWE as the Claimant’s parent, nor was the DWE ever ordered to contribute
                  to Claimant’s support. In addition, Coby answered “no” to all questions about whether
                  the DWE acknowledged Claimant in writing or provided financial support.
               
               Coby answered “yes” to only Question (m), indicating that the DWE orally admitted
                  that he was the Claimant’s father. On page 2 of Form SSA-2519, Coby stated that the
                  DWE’s parents, Irene and Julian, “could be contacted to vouch and acknowledge [the
                  Claimant] as [the DWE’s] son.” In support, Coby attached a signed and notarized letter
                  from the DWE’s parents stating that they acknowledged the Claimant as their biological
                  grandson and that the Claimant was the only child of the DWE and Coby.
               
               In support of her most recent application for child survivor benefits in December
                  2010, Coby obtained DNA testing from Genetica DNA Laboratories, Inc. The laboratory
                  took samples from Coby and the Claimant on November 11, 2010 and from Irene (the DWE’s
                  mother) on November 10, 2010. In a report dated November 17, 2010, Dr. P~, the Laboratory
                  Director, stated under oath that results showed a 99.98% probability that Irene was
                  the Claimant’s paternal grandmother as compared to untested, unrelated persons. Further,
                  he stated that Irene could not be eliminated as the Claimant’s biological paternal
                  grandmother.
               
               Genetica DNA Laboratories, Inc. is an American Association of Blood Banks (AABB) Accredited
                  Relationship (DNA) Testing Facility.  See AABB Accredited Relationship (DNA) Testing Facilities, available at http://www.aabb.org/sa/facilities/Pages/RTestAccrFac.aspx (last visited Aug. 22, 2013).
               
               ANALYSIS
               Federal Law
               Under the Social Security Act (Act), every unmarried minor child of an insured individual
                  [1]
               who dies fully or currently insured shall be entitled to child insurance benefits. Social
                  Security Act § 202(d)(1), 42 U.S.C. § 402(d)(1). However, to receive child insurance
                  benefits, the applicant must qualify as the insured individual’s “child,” as defined
                  by section 216(e) of the Act, and be dependent on the insured individual at the time
                  of his death. Id.; 20 C.F.R. § 404.350 (2012). These requirements support the Act’s goal of protecting
                  dependents from the loss of the insured’s earnings and support. See Astrue v. Capato, 566 U.S. ___, 132 S. Ct. 2021, 2032 (2012) (quoting Califano v. Jobst, 434 U.S. 47, 52 (1997)) (recognizing that “the Act’s driving objective” was to “‘provide
                  … dependent members of [a wage earner’s] family with protection against the hardship
                  occasioned by [the] loss of [the insured’s] earnings.’”).
               
               Section 216(e)(1) of the Act defines a “child” as “the child or legally adopted child
                  of an individual.” Act § 216(e)(1), 42 U.S.C. § 416(e)(1). Section 216(h) of the Act
                  further elaborates that “[i]n determining whether an applicant is the child … of a
                  fully or currently insured individual…, the Commissioner of Social Security shall
                  apply such law as would be applied in determining the devolution of intestate [2] personal property … by the courts of the State in which [the insured individual]
                  was domiciled at the time of his death.” Act § 216(h)(2)(A), 42 U.S.C. § 416(h)(2)(A);
                  20 C.F.R. § 404.355(a)(1); Capato, 132 S. Ct. at 2033 (explaining that section 416(h)(2)(A) “completes the definition
                  of ‘child’ [in] § 416(e)(1)”). 
               
               A claimant who satisfies the requirements of section 216(h)(2)(A) of the Act—i.e.,
                  the claimant is considered a child of the insured individual under state intestacy
                  law—is also deemed dependent on the insured individual. 20 C.F.R. § 404.361(a)( “If
                  you are the insured’s natural child, as defined in § 404.355, you are considered dependent
                  on him or her”); Social Security Ruling (SSR) 77-2c (“where state intestacy law provides
                  that a child may take personal property from a father’s estate, it may reasonably
                  be thought that the child will more likely be dependent during the parent’s life”);
                  Capato, 132 S. Ct. at 2032-33 (explaining that Congress substituted “state intestacy law
                  as a workable solution for burdensome case-by-base determinations of whether the child
                  was, in fact, dependent on her father’s earnings”).
               
               In this case, we apply Nevada intestacy law because the DWE was domiciled in Nevada
                  at the time of his death. See 20 C.F.R. §§ 404.355(b)(1), (4). In applying state law, the agency does not require
                  a court determination establishing paternity but applies the same law and standards
                  that the state court would use. 20 C.F.R. § 404.355(b)(1)-(2).
               
               Nevada Law
               Under Nevada intestacy laws, if a deceased individual leaves children but no spouse,
                  the estate is shared equally among the children. Nev. Rev. Stat. § 134.090. A child
                  is defined as “a person entitled to take as a child by intestate succession from the
                  parent whose relationship is involved.” Nev. Rev. Stat. § 132.055. A parent-child
                  relationship is defined in Chapter 126 of the Nevada Revised Statutes; the relationship
                  is not dependent on the marital status of the parents. Nev. Rev. Stat. § 126.031(1).
               
               Nevada law provides that paternity may be established by either a statutory presumption
                  or a preponderance of the evidence.  While it is likely that a presumption would apply
                  in this case, paternity is established by at least a preponderance of evidence given
                  the results of the DNA testing. 
               
               Presumptions of Paternity
               Nevada law applies a presumption that a man is the natural father of a child in the
                  following circumstances:
               
               
                  - 
                     
                        1.  
                           The child was born during the father’s marriage to the natural mother, or within 285
                              days after the marriage is terminated;
                            
 
 
- 
                     
                        2.  
                           The father was cohabitating with the natural mother for at least 6 months before the
                              period of conception and through the period of conception;
                            
 
 
- 
                     
                        3.  
                           The father receives the child into his home while the child is under age 18 and openly
                              holds out the child as his natural child; or
                            
 
 
                  - 
                     
                        4.  
                           Blood tests or genetic identification testing pursuant to Nev. Rev. Stat. § 126.121
                              show a probability of 99 percent or more that he is the father. [3] 
 
 
Nev. Rev. Stat. § 126.051 (emphasis added); see Program Operations Manual Support (POMS) GN 00306.555(A)(1)(a),(b), (e) & (g) (program guidance on Nevada intestacy laws). [4] .
               
               While several of the presumptions of paternity are rebuttable, since October 1, 2007
                  the presumption created by genetic testing is conclusive unless it is shown that the
                  presumed father had an identical sibling who may be the father. Nev. Rev. Stat. § 126.051;
                  cf. Love v. Love, 114 Nev. 572, 578 (Nev. 1998) (relying on prior version of § 126.051 to conclude
                  that legislature had intended “to allow non-biological factors to become critical
                  in a paternity determination”). 
               
               In this case, genetic testing was performed on samples from the Claimant, his mother,
                  and the DWE’s mother.  We have no information suggesting that the DWE had an identical
                  twin. [5]
               The conclusive presumption of paternity in Nev. Rev. Stat. § 126.051(2) applies to
                  “tests [that] show a probability of 99 percent or more that [the man tested] is the
                  father.”  Nev. Rev. Stat. § 126.051(2). Nevada law provides for genetic testing on
                  the “mother, child, alleged father or any other person so involved” in a civil paternity
                  action. Nev. Rev. Stat. § 126.121(1).  However, we have found no authority to indicate
                  whether a Nevada court would accept DNA tests performed on the mother and paternal
                  grandparent of the Claimant as establishing a conclusive presumption of paternity. 
               
               Nonetheless, a Nevada court would likely conclude that the DNA test here supports
                  a presumption of paternity because section 126.051(2) expressly incorporates genetic
                  tests pursuant section 126.121. See Nev. Rev. Stat. § 126.051(2).  As testing pursuant to section 126.121 includes tests
                  of the mother and “any other person so involved,” such as the grandparent here, Nevada
                  would rely on the genetic tests in this case to establish a presumption that the DWE
                  is Claimant’s father.
               
               Paternity Shown By a Preponderance of Evidence
               In addition to the statutory presumptions, paternity may be shown by a preponderance
                  of evidence in a civil paternity action. Nev. Rev. Stat. §§ 126.071–126.223; POMS
                  GN 00306.555(B); see Rivera v. Minnich, 483 U.S. 574, 579-582 (1987) (holding that due process is satisfied by the preponderance
                  of evidence standard in paternity proceedings); Mack v. Ashlock, 112 Nev. 1062, 1066 (1996) (standard of proof in a civil matter is a preponderance
                  of evidence). 
               
               Relevant evidence in a paternity action includes:
               
                  - 
                     
                        1.  
                           Evidence of sexual intercourse between the mother and alleged father at any possible
                              time of conception;
                            
 
 
- 
                     
                        2.  
                           An expert’s opinion concerning the statistical probability of the alleged father’s
                              paternity based on the duration of the mother’s pregnancy;
                            
 
 
- 
                     
                        3.  
                           The results of test for the typing of blood or genetic identification that is of a
                              type that is acknowledged as reliable by an organization approved by the Secretary
                              of Health and Human Services and performed by a laboratory which is accredited by
                              such an organization;
                            
 
 
- 
                     
                        4.  
                           Medical or anthropological evidence; 
 
 
- 
                     
                        5.  
                           Bills or receipts for the costs of medical care during pregnancy or the birth of the
                              child; and
                            
 
 
- 
                     
                        6.  
                           All other evidence relevant to the issue of paternity. 
 
 
Nev. Rev. Stat. § 126.131 (emphasis added); POMS GN 00306.555(C)(1)–(5). 
               
               Even if the genetic testing of a grandparent does not create a conclusive presumption
                  of paternity, at least a preponderance of evidence indicates here that the DWE was
                  the Claimant’s father under Nevada law.  DNA tests showed a 99.98% probability that
                  the DWE’s mother was the Claimant’s paternal grandmother. In the absence of evidence
                  of any relationship between Coby and male siblings of the DWE, [6] the test results are evidence that the DWE was the Claimant’s father. Other evidence
                  supports this conclusion. For example, the DWE’s parents acknowledged that the Claimant
                  was their biological grandson. In addition, although the DWE’s name is not listed
                  on the Claimant’s birth certificate, the DWE’s birthdate is listed. Further, Coby
                  sought child support from him shortly after the child’s birth in 1999, and the Nevada
                  Corner’s office recognized Claimant as the DWE’s next of kin. Although not conclusive
                  individually, these factors support the conclusion indicated by DNA testing, which
                  is that the Claimant is the natural son of the DWE and that Nevada would recognize
                  that relationship.
               
               Moreover, the lab that performed the tests was accredited by the AABB, which is approved
                  by the Department of Health and Human Services as an accreditation body for genetic
                  testing in paternity actions.  See Information Memorandum: Accreditation of Genetic
                  Testing Labs, U.S. DHHS, Office of Child Support Enforcement, available at http://www.acf.hhs.gov/programs/cse/pol/IM/1997/im-9703.htm (last visited Aug. 22, 2013).  This satisfies the reliability requirement in the
                  Nevada Revised Statutes for genetic testing. See Nev. Rev. Stat. § 126.131(c).\
               
               Further, in considering the evidence as a whole, Nevada courts would likely conclude
                  that the state’s policy objective of protecting children’s financial interests is
                  met by establishing a parent-child relationship and intestacy rights.  See Love, 114 Nev. at 578 (recognizing the legislature’s primary intent in creating presumptions
                  of paternity in section 126.051 was to ensure that children were supported by their
                  parents); Weaks v. Mounter, 88 Nev. 118, 123 (Nev. 1972) (removing requirement that father acknowledge paternity
                  in a formal writing in order for illegitimate child to bring wrongful death suit and
                  recognizing that “[t]he illegitimate child suffers serious pecuniary loss because
                  the right of support from the deceased father is denied” in such a way “that would
                  punish the child and inflict problems upon the community”). Under Nevada law, a parent’s
                  duty to support a child exists at birth, even if the duty is not enforced, and continues
                  until “lifted, excused, or extinguished by a court of law.” Love, 104 Nev. at 707-08. 
               
               In short, the DNA evidence supports a determination of paternity in support of Claimant’s
                  application for survivor’s benefits that is consistent with Nevada law.  See Chambers v. Sanderson, 107 Nev. 846 (1991) (finding paternity where blood tests indicated 98% chance of
                  paternity and mother provided affidavit stating she and alleged father had sexual
                  intercourse during the probable period of conception); Lara v. County of Yolo on Behalf of Constancio, 104 Nev. 705, 708 (1988) (“Modern medical tests [such as blood tests] are quite
                  accurate…[and] can readily provide the court with sufficient evidence to determine
                  paternity.”). 
               
               CONCLUSION
               Genetic testing established a 99.98% probability that the DWE’s mother was the Claimant’s
                  paternal grandmother. This evidence likely establishes a conclusive presumption of
                  the DWE’s paternity under Nevada law, assuming the DWE does not have an identical
                  twin. Even if genetic testing of a grandparent does not establish a presumption of
                  paternity, the test establishes at least a preponderance of evidence of paternity
                  in combination with the other available evidence. Thus, Nevada would consider the
                  Claimant the natural child of the DWE and Claimant is deemed dependent for benefit
                  purposes. See 20 C.F.R. Neva§ 404.361(a). Accordingly, the Claimant is eligible for survivor’s
                  benefits on the DWE’s earnings record.