R and W commenced living together in 1958 and continued living together for about one year before they separated. They were never married.

In January 1959 R took W to the hospital, where she delivered a child, C. R paid for the expenses of this childbirth and was listed as the child’s father on the birth certificate.

After the birth of the child, R made regular substantial contributions towards the financial support of the child.

R passed away in July 1965 while domiciled in the state of Illinois. An apple for child’s social security benefits on R’s earnings record was filed in July 1965.

It was held that, despite the fact that R never took steps to legitimate the child or establish paternity under Illinois law, there was ample evidence to establish his paternity for purposes of qualifying the child for social security benefits based on his earnings record.

He took the child’s mother to the hospital for the childbirth, he paid for hospital expenses, he was on the birth certificate, and, most importantly, he regularly contributed to the child’s financial support.

See Social Security Ruling (SSR) 67-60.

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.