A mother, M, gave her child, C, to A and his wife to raise shortly after the child was born. A, fearing that M might take the child back, prepared an agreement which M signed, in which she agreed to irrevocably give up the custody, care, and control of the child to M and his wife forevermore. The agreement did not mention an adoption.

In April, 1960, A applied for and was awarded old age social security benefits. He also applied for child’s benefits for C.

It was held that C was A’s child for social security purposes, because C was able to inherit personal property from A under the state of Pennsylvania’s intestacy laws. Therefore, since all other requirements were met, C qualified for social security benefits as A’s child.

See Social Security Ruling (SSR) 61-30.

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.