A child, C, was born on January 12, 1954 in Arkansas. Shortly after his birth, his mother, A, was confined in a mental hospital. In July 1954 his father, B, gave the child to D and E to care for and raise, because he could not properly care for the child.
D and E treated the child in all ways as their own child, but made no attempt to legally adopt the child. D died on November 2nd 1958. After D’s death, E began adoption proceedings.
The Arkansas court, on April 27th 1959, entered an interlocutor Decree of adoption, which was to become final after 6 months.
E died and on September 4th, 1959, less than six months after the interlocutory Adoption Decree was entered, an application was child’s social security benefits was filed on behalf of C, based on E’s earnings record.
The agency held that C was E’s legal child, pursuant to the interlocutory Decree.
The Arkansas Supreme Court has ruled that the effective date of a child’s adoption is the date of the interlocutory Decree, unless later set aside at the final hearing for good reason.
See Social Security Ruling (SSR) 61-18.
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.