QUESTION PRESENTED
You asked whether the claimant, William, is entitled to child survivor’s benefits
on the account of Ever, the number holder (NH), whose parental rights were terminated
by a California court.
SHORT ANSWER
Yes. The claimant is entitled to child survivor’s benefits as the NH’s natural child
pursuant to section 216(h)(3)(A) of the Social Security Act (Act).
SUMMARY OF EVIDENCE
The claimant was born on ~. His original birth certificate identifies the NH as his
father and lists the claimant’s last name as E~. On October 31, 2003, the Superior
Court for the County of Ventura, California, issued an order terminating the NH’s
parental rights, upon the petition of Kristen, the claimant’s mother. The court order
also changed the claimant’s name to William J~. The Court’s order refers to the NH
as the “natural father” of the claimant, and identifies him as the father on the claimant’s
original birth certificate. The court ordered that a new birth certificate be issued
with the name William J~ and have no name listed in the space for “father.” The claimant’s
mother submitted a birth certificate to the agency that meets this description. The
claimant’s mother additionally provided a written statement averring that the NH was
claimant’s biological father, and that claimant has never been adopted by any other
person.
The NH died on April 22, 2013, while domiciled in California. On August 8, 2013, the
claimant’s mother filed a claim for survivor’s benefits on his behalf. Both the claimant
and his mother reside in Virginia.
ANALYSIS
A “child” of an individual who dies fully or current insured and entitled to old-age
or disability benefits under the Social Security Act (Act) is entitled to child’s
insurance benefits if he or she is the insured worker’s child, as defined in section
216(e) of the Act, 42 U.S.C. § 416(e). Social Security Act § 202(d)(1), 42 U.S.C.
§ 402(d)(1); 20 C.F.R. §§ 404.350(a)(1); 404.355(a)(1)-(2); Program Operations Manual
System (POMS) GN 00306.001.A. Section 216(e) of the Act provides two alternatives for a claimant to establish
that he is a “child” of an individual who dies fully or current insured, and therefore
entitled to child’s insurance benefits on the decedent’s account.
First, a claimant may prove that he is the “child” of the insured worker if he could
inherit the worker’s property as the worker’s child under the law of intestate succession
of the state where the worker was domiciled at the time of his death. Social Security
Act § 216(h)(2)(A), 42 U.S.C. § 416(h)(2)(A); 20 C.F.R. § 404.355(a)(1); POMS GN 00306.001.C.1.a.
Alternatively, under section 216(h)(3)(A) of the Act, an applicant who “is the son
or daughter of the insured,” but who is not a “child” of the insured under state intestacy
laws, can be deemed to be the child of the insured if the insured “has been decreed
by a court to be the mother or father of the applicant[.]” Social Security Act § 216(h)(3)(A),
42 U.S.C. § 416(h)(3)(A). Section 216(h)(3)(A)(II) contains two elements. First, the
applicant must be “the son or daughter” of the insured. Second, the insured must have
been “decreed by a court to be the mother or father of the applicant[.]” The court
decree must have occurred during the insured’s lifetime. Id.; POMS GN 00306.100.B (NOTE).
The agency interprets the first element to mean a biological son or daughter. See POMS GN 00306.100.A.1 (“Under section 216(h)(3) of the Social Security Act, the biological
son or daughter of a NH may be deemed to be his/her child for benefit purposes regardless
of the child’s status under State law if” all other requirements are met.) & GN 00306.100.D.1
(setting out policy of biological relationship); accord GN
00306.110.A.1. To meet the second element, the NH must also have been: (1) “decreed by a court
to be the child’s biological parent;” or (2) “ordered by a court to contribute to
the child’s support because the child is his/her son or daughter;” or (3) “acknowledge
in writing that the child is his/her son or daughter.” POMS GN 00306.100B.1.
The NH died domiciled in California. In California, a child cannot inherit intestate
from a parent whose rights have been terminated by court order. See Jackson v. Fitzgibbons, 25 Cal. Rptr. 3d 478, 481-82 (Cal. App. 4th 2005) (holding that where the parent-child
relationship has been terminated by the court, the child is no longer considered the
“issue” of the natural parent for purposes of intestate succession). Therefore, because
of the October 31, 2003 court order terminating the NH’s parental rights, the claimant
cannot inherit from the NH under the laws of intestate succession in California. See id. Accordingly, the claimant is not entitled under section 216(h)(2). Social Security
Act § 216(h)(2)(A), 42 U.S.C. § 416(h)(2)(A); 20 C.F.R. § 404.355(a)(1); POMS GN 00306.001.C.1.a.
However, the claimant meets both elements for entitlement under section 216(h)(3)(A)(II).
As to the first element, the mother’s written statement establishes that the claimant
is the NH’s biological son. As to the second element, the Court’s order refers to
the NH as the “natural father” of the claimant, thereby meeting the requirement set
forth in POMS GN 00306.100B.1 that the NH be “decreed by a court to be the child’s biological parent.” See also POMS GN 00306.110.A; PR 01215.006.A California (PR 06-298 LEGAL OPINION: Eligibility
for Child's Insurance Benefits for Joseph, Formerly Known as Bruce).
Finally, the mother has stated the child has not been adopted by anyone else and we
have no reason to question this statement. Thus, the claimant is deemed dependent
on the NH. 20 C.F.R. § 404.361; POMS GN 00306.100.A.2.
CONCLUSION
The claimant meets the requirements of section 216(h)(3) and has not been adopted
by anyone else. The claimant is therefore entitled to child’s survivor benefits on
the NH’s account.