C was born out of wedlock on October 5th 1960 in Colorado. Prior to C’s birth, her mother had entered into an agreement with R and his wife W to allow them to raise C in their home, pay for her expenses and, at their option, adopt her.

R passed away in Colorado on May 5th 1965 and W applied for child’s social security benefits for C based on R’s earnings record.

Colorado recognized the principle of “equitable adoption”, whereby an adoption could be proved by clear and convincing evidence of an express or implied contract to adopt.

However, in the instant case, there was no express or implied contract to adopt, but merely an option for R and W to adopt C.

Under these circumstances, C could not be considered R’s child for social security purposes and, unfortunately for C, benefits were denied.

See Social Security Ruling (SSR) 66-45.

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.