For a claimant to be entitled to mother’s or father benefits as a surviving spouse
                  with an in-care child, the claimant must meet all of the following:
               
               • be the widow(er) of a NH who died fully or currently insured;
               • not be married;
               • have filed an application for mother’s/father’s insurance benefits;
               • not be entitled to widow(er)’s insurance benefits;
               • not be entitled to retirement insurance benefits (RIB) equal to or exceeding the
                  amount of the unadjusted mother’s/father’s benefit; and
               
               • have in-care child of the deceased NH entitled to a child’s insurance benefit.
               2 U.S.C. § 402(g)(1). Therefore, a claimant first must establish that she is the NH’s
                  widow in accordance with the section 402(e)(1) of the Act. As pertinent here, the
                  Act provides two methods for a claimant to show she is the widow of an insured who
                  was domiciled outside the United States.[1] First, a claimant is the widow of such insured if the courts of the District of Columbia
                  would find that the claimant was validly married to the insured at the time the insured
                  died. 42 U.S.C. § 416(h)(1)(A)(i); 20 C.F.R. § 404.345. Second, if the claimant was
                  not validly married to such insured at the time the insured died, the claimant will
                  be deemed to be the insured’s widow if, under the law applied by the courts of the
                  District of Columbia in determining the devolution of intestate personal property,
                  the claimant would have the “same status” as a widow of the insured with respect to
                  the taking of such property. 42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345.
               
               The Claimant and NH Were Not in a Valid Marriage.
                     
               Under the law of the District of Columbia, the validity of a marriage is determined
                  by the law of the jurisdiction where the individual entered the marriage.[2] See McConnell v. McConnell, 99 F. Supp. 493, 494 (D.D.C. 1951); Carr v. Varr, 82 F. Supp. 398 (D.D.C. 1949); Gerardi v.
                     Gerardi, 69 F. Supp. 296 (D.D.C. 1946).
               
               Here, the claimant and the NH lived together, but there is no indication that they
                  entered into a ceremonial marriage. Therefore, the claimant is not entitled to Title
                  II widow’s benefits on the record of the NH, based on a valid marriage to the NH.
               
               The Claimant Does Not Have the Same Status as a Widow of the NH
                        under the Intestacy Law of Nicaragua.
               
               Since the claimant was not married to the NH, the agency will deem the claimant to
                  be the NH’s widow if, under the law applied by the courts of the District of Columbia
                  in determining the devolution of intestate personal property, she has the “same status”
                  as a widow of the NH with respect to the taking of such property. 42 U.S.C § 416(h)(1)(A)(ii);
                  20 C.F.R. § 404.345.
               
               Under District of Columbia law, the law of the decedent’s domicile determines intestate
                  inheritance rights. Javier v. Comm’r of Soc. Sec., 407 F.3d 1244, 1247 (D.D.C. 2005) (citing In re Gray’s Estate, 168 F. Supp. 124 (D.D.C. 1958)).
               
               Here, the NH was domiciled in Nicaragua at the time of death[3]. Nicaragua is not a common law country, and the concept of “common law marriage”
                  is not recognized. Instead, Nicaragua recognizes the concept of stable de facto unions.[4] Nicaragua’s Family Code implements article 72 of the Constitution, which sets out
                  stable de facto unions.[5] The Code states that stable de facto unions are formed pursuant to a voluntary agreement
                  between a man and a woman who, without impediment to marry, live together in a free,
                  stable, open, and exclusive manner for at least two consecutive years.[6] Stable de facto unions may be created by a voluntary declaration by the parties,
                  or in certain circumstances, by the court.[7] Once established, de facto unions convey the same inheritance rights as marriage.[8]
               
               A voluntary declaration of a stable de facto union may be made before a notary public
                  authorized to perform marriages. This authorized, public document is required for
                  a stable de facto union.[9] At the time of declaration, the individuals must declare that they have lived in
                  an exclusive and stable manner and they have documents that demonstrate that they
                  have the legal capacity to carry out such an act.[10] Additionally, an individual may unilaterally request that the appropriate court recognize
                  the existence of a de facto union where the other party fails to consent or has died.
                  If one of the parties is dead, the fact that cohabitation existed at the time of death
                  must be demonstrated. A court decision declaring the existence of a de facto union
                  must specify the dates on which the stable de facto union commenced and terminated.[11] Such decisions must be registered in the Civil Registry of Persons.[12] This court decision has the legal effect of a marriage from the date on which the
                  stable de facto union commenced.
               
               In the instant case, the NH and claimant lived together beginning in August 19XX and
                  had two children together. The NH passed away in September 20XX. The evidence submitted
                  confirms that the NH and the claimant lived together as a couple. Moreover, the claimant
                  submitted a notarized voluntary declaration dated October XX, 20XX. However, because
                  the claimant was unilaterally requesting recognition by way of a voluntary declaration,
                  a court decision was required pursuant to Nicaragua’s Family Code. There is no indication
                  that a court issued a decision declaring the existence of a de facto union. Additionally,
                  there is no evidence showing that the claimant and the NH made a voluntary declaration
                  of a stable de facto union before a notary public authorized to perform marriages
                  during the life of the NH. Absent evidence of a recognized stable de facto union,
                  the claimant cannot inherit as a spouse and, therefore, does not have the same status
                  as a widow of the NH for purposes of determining entitlement.
               
               [1]In determining the claimant’s relationship as the insured’s spouse, the agency looks
                  to the law of the state where the insured had a permanent home at the time the claimant
                  applied for benefits. See 42 U.S.C. § 416(h)(1)(A)(i). If the insured was not domiciled in any state, the agency
                  applies the law of the District of Columbia. See 42 U.S.C. § 416(h)(1)(A)(i), 20 C.F.R. § 404.345.
               
               [2] The only exception is when the marriage is in violation of strong public policy of
                  the District of Columbia. Hitchens v. Hitchens, 47 F. Supp. 73, 74 (D.D.C. 1942). The recognition of heterosexual unions performed
                  in other jurisdictions does not appear to violate a strong public policy of the District.
               
               [3]While the NH passed away in Florida, evidence suggests that he was in Florida temporarily
                  to receive medical care.
               
               [4]LL File No. 2017-015150 (July 2017) (Law Library of Congress Report), at 1.
               [5] LL File No. 2017-015150 (July 2017) (Law Library of Congress Report), at 1 citing
                  CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE NICARAGUA art. 72, LA GACETA [L.G.], Jan.
                  9, 1987, available
                     as amended at
                     http://www.asamblea.gob.ni/constitucion/Libro_Constitucion.pdf, archived at https://perma.cc/8RVE- KMUU, English translation available in HeinOnline World Constitutions Illustrated
                  database (by subscription).
               
               [6] LL File No. 2017-015150 (July 2017) (Law Library of Congress Report), at 1-2.
               [7]LL File No. 2017-015150 (July 2017) (Law Library of Congress Report), at 2 citing
                  CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE NICARAGUA art. 84 and 85, LA GACETA [L.G.],
                  Jan. 9, 1987.
               
               [8]LL File No. 2017-015150 (July 2017) (Law Library of Congress Report), at 2.
               [9] LL File No. 2017-015150 (July 2017) (Law Library of Congress Report), at 2.
               [10] Id. citing CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE NICARAGUA art. 84, LA GACETA
                  [L.G.], Jan. 9, 1987.
               
               [11]LL File No. 2017-015150 (July 2017) (Law Library of Congress Report), at 2.
               [12]Id. citing CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE NICARAGUA art. 85 and 86, LA GACETA
                  [L.G.], Jan. 9, 1987