Can the agency recognize Q~, the claimant, to be the adopted child of U~, the number holder (NH), for purposes of entitlement to auxiliary child benefits under Title II, where the adoption occurred in Thailand?

For the reasons discussed below, we believe that the certified Child Adoption Registration from Thailand documents that the claimant is the legally adopted child of the NH under Thailand law as of November XX, 2017. Accordingly, the agency could recognize the claimant to be the legally adopted child of the NH for purposes of entitlement to child’s insurance benefits under Title II of the Act.

The claimant was born on June XX, 2004 to H~ and O~ in Chumphon Province, Thailand. See Birth Certificate. On May XX, 2016, H~ married the NH in Chumphon Province, Thailand. See Marriage Certificate.

On November XX, 2017, the Child Adoption Center issued a Notification of the Resolution of the Child Adoption Committee to Chumphon Province upon the request of the NH. See 11/XX/17 Letter. The letter stated that the NH, an American citizen, sought to adopt the claimant. Id. The letter stated that the Child Adoption Center, Department of Children and Youth “deemed it expedient to authorize [the NH] to adopt the child, and forwarded the matter for the consideration of the Child Adoption Committee during the meeting . . . of XX November 2017.” Id. The letter stated that the Committee “adopted the resolution authorizing such child adoption registration by [the NH].”

On November XX, 2017, the Chumphon Province Registration Office issued a registration document indicating that:

• •

  The NH was married to H~ on May XX, 2016, and H~ changed H~ last name to the NH's on that date.

• •

  The claimant, aged 13, received an approval letter from the Child Adoption Center, Department of Children and Youth dated November XX, 2017, concerning the Resolution of the Child Adoption Committee.

• •

  The Committee of the Child Adoption Center, Department of Children and Youth, verified the application on November XX, 2017, and approved the NH to register the claimant as the NH's adopted child.

See 11/XX/17 Registration. On that date, the Ministry of Foreign Affairs of Thailand issued a “Certificate of Surname Change Registration,” granting permission for the claimant to change their last name to the NH's based on the adoption. See 11/XX/17 Certificate.

On January XX, 2018, the Ministry of Foreign Affairs of Thailand issued a Child Adoption Registration indicating that the NH adopted the claimant on November XX, 2017. See 1/XX/18 Registration. The Registration is “certified,” and includes the typed signatures of the NH, the claimant, and H~, as well as two witnesses. Id.

On February XX, 2018, H~ submitted an application for Child’s Insurance Benefits (Life Claim) on the NH’s record on behalf of the claimant. See 2/XX/18 Application. On November XX, 2018, SSA notified the NH that the NH's benefits would be changing from disability to retirement as of December 2018. See 11/XX/18 Notice. The NH is presently residing in Thailand.

Federal Law

To be entitled to child’s insurance benefits under the Act, a claimant must show, among other things, that he or she is the “child” of the insured as defined in section 216(e) of the Act. 42 U.S.C. § 402(d)(1).^[1] 20 C.F.R. § 404.350. As relevant here, Section 216(e) defines “child” as the “child or legally adopted child of an individual.” 42 U.S.C. § 416(e). In order to determine whether the applicant is the insured’s legally adopted child, the agency applies the adoption laws of the State or foreign country where the adoption took place (not the State’s inheritance laws). 20 C.F.R. § 404.356, POMS GN 00306.155.C. The agency will ask for a copy of the birth certificate made following the adoption, or if that is unavailable, other evidence of the adoption. 20 C.F.R. § 404.733. In cases of foreign adoptions, POMS GN 00307.220.B provides that an adoption decree is sufficient evidence of a legal adoption.

Validity of Adoption Under Laws of Thailand^[2]

The NH’s adoption of the claimant took place in Thailand, thus the agency looks to the laws of Thailand to determine the validity of the adoption. 20 C.F.R. § 404.356 (“We apply the adoption laws of the State or foreign country where the adoption took place . . . to determine whether you are the insured’s legally adopted child.”). The Civil and Commercial Code (Code), the Child Adoption Act, and the Family Registration Act governed adoptions in Thailand in 2017. See LOC Report, p. 2.

1. The Civil and Commercial Code

Under Title 2, Chapter 4, Book V of the Code, the adoptive parents must be 25 years of age or older, and more than fifteen years older than the adoptee. See LOC Report, p. 2. If the person to be adopted is a minor, the consent of his or her parents is required. Id. However, if a parent has died or been deprived of his parental powers, the consent of the remaining parent who has parental powers must be obtained. Id. If the parents are unable to consent or do not give consent without an appropriate reason, the prospective adoptive parent or a public prosecutor may request a court order of consent. Id. The Code provides that “adoption is valid upon registration being effected according to law. If the person to be adopted is a minor, it has to comply firstly with the law on the adoption of the child.” Id.

2. The Child Adoption Act

The Child Adoption Act requires a probationary placement of the adoptee into the home of the person seeking to adopt the child, unless the adoptive parent is a member of the extended family or lawful guardian of the child. See LOC Report, p. 3. The Child Adoption Act also requires approval of the adoption by the Child Adoption Board. Id. at p. 3. To obtain approval, the adoptive parent must submit an application for adoption to the provincial governor, along with a statement of consent from the person who has the power to give consent to the adoption. Id. The governor will investigate the applicant, child, and living conditions, and will permit or decline a probationary placement of the child for at least six months. Id. After the probationary period, the Board decides whether the adoption should be approved, and if approved, the adoptive parent must register the adoption within six months. Id.

3. The Family Registration Act

In order to register an adoption, the adoptive parent(s) and adopted child submit an application form to a registration office. LOC Report, p. 4. Registration requires the signature of the applicant and at least two witnesses. Id. The interested parties may request a certified copy of the registry to prove the formation of a legal adoption. Id.

Here, the claimant submitted a Notification of the Resolution of the Child Adoption Committee indicating that the Committee approved the NH’s adoption of the claimant. See 11/XX/17 Letter. Although the file does not contain details of an investigation, probationary period, or consent of the biological father, the Committee’s approval indicates that the NH satisfied all of the substantive requirements to obtain a legal adoption. Id. The NH registered the adoption and submitted a form signed by two witnesses, as required. See 11/XX/17 Registration. The NH later obtained a certified copy of the registry showing a legal adoption, indicating a valid adoption under the Code. See 1/XX/18 Registration, LOC Report, p. 2.

The certified Child Adoption Registration therefore confirmed that the parties met the requirements for obtaining a valid adoption under Thailand law. Accordingly, the agency could reasonably determine that the claimant is the NH’s legally adopted child under the criteria of the Act, for purposes of entitlement to child’s insurance benefits.^[3]

We believe the claimant is the legally adopted child of the NH for purposes of entitlement to child’s insurance benefits under Title II of the Act. The claimant provided a certified Child Adoption Registration that documents a valid legal adoption as of November XX, 2017. Therefore, the agency could recognize the claimant to be the legally adopted child of the NH for purposes of entitlement to child’s insurance benefits under Title II of the Act.