W and D were husband and wife who raised and supported a foster child, C, since the time she was six months old. W passed away on October 4, 1963. At the time of his death, C resided in the same household and was receiving the majority of her support from W.

In August 1965 D filed an application in the appropriate court in Oklahoma to adopt C. C was 19 years old at the time. An Oklahoma statute provided for the adoption of an adult child. The adoption was finalized on October 4, 1965, exactly two years after W passed away.

After the adoption, D applied for child’s social security benefits for C. A child was entered to benefits if they are the natural child of the deceased, or if they were adopted by the surviving spouse within two years of the decedent’s death.

An adult child over the age of 18 who is under a disability that began before age 18 also qualifies for benefits, as does an adult child between the ages of 18 and 21 who attending school full time.

Because C was living in the same household as W and being supported by him at the time of his death, and because she was adopted by W’s surviving spouse within two years of his death, she qualified for child’s social security benefits, all other requirements being met.

See Social Security Ruling (SSR) 66-43.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.