The number holder’s (NH) biological child may meet the relationship requirement for Title II child's benefits if his or her parents went through a ceremonial marriage that would have been valid except:

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  a prior marriage had not ended or,

there was a legal impediment in connection with the intended marriage, but this is limited to:

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  when an attempted dissolution of a prior marriage was not valid, such as a mail order divorce; or

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  when the intended marriage is invalid because there was a defect in the procedure followed in connection with the intended marriage, such as a religious marriage in a country that requires a civil ceremony or failure to comply with State licensing requirements. For any case in which there is doubt about whether the defect is procedural, request a legal opinion following instructions in GN 01010.815.

For cases involving child's entitlement only, the concept of “good faith” (see GN 00305.055B.2) on the part of either or both of the child's parents at the time of the marriage ceremony is not material.

IMPORTANT: Do not apply this provision to determine a parent-child relationship for entitlement to:

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  parent's benefits (see RS 00209.000); or

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  child's benefits for a child conceived after the NH's death, also known as a posthumously conceived child. A posthumously conceived child can only be entitled if he or she has inheritance rights under State intestacy law. Refer all cases involving conception after the NH’s death for a legal opinion following instructions in GN 01010.815.

When developing entitlement to child’s benefits based on an invalid ceremonial marriage, you must develop proof of the parents’ marriage ceremony and proof of the child’s relationship to the NH.

Entitlement to child's benefits based on the invalid ceremonial marriage of the NH and the child’s birth mother presumes that the child is the biological child of the NH, in keeping with the evidence provided according to GN 00306.090B.2.

This presumption applies, unless challenged, even if the mother was legally married to someone else when the child was conceived, as long as she and the NH were living together as a married couple at that time.

Consider whether:

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  the child’s birth mother was living with her legal (validly married) spouse when the child was conceived, or

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  someone challenges the presumption of biological parentage.

To weigh the factors when there is a challenge to a parent-child relationship, refer to GN 00306.310.

To determine the need for a legal opinion, refer to GN 00306.305.

To consider alternative child status options prior to disallowing the claim, refer to GN 00306.315.

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  GN 00305.020 Preferred Proof of Ceremonial Marriage

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  GN 00305.025 Secondary Proof of Ceremonial Marriage

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  GN 00305.055 Deemed Marriages

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  GN 00306.165 Entitlement Requirements - Child Adopted by Someone Other Than NH

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  GN 00306.305 Determining Status as Number Holder's Child: When to Request a Legal Opinion

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  GN 00306.310 Challenges to a Parent-Child Relationship Determination

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  GN 00306.315 Disallowing a Title II Child Claim Based on Failure to Establish Relationship