An unmarried mother gave birth to a child, C, in Massachusetts. She gave the child to F and his wife unconditionally. She signed a contract with F that he would adopt the child.

F and his wife never completed the contract to adopt C as their legal child, because they lacked the funds to hire an attorney. However, they treated the child as their own in every way, raising her as if she were their own biological child.

In December, 1965, F attained age 65 and became entitled to old age social security retirement benefits. In January, 1961, F applied for child’s social security benefits for C based on his earnings record.

Under social security law, C may be deemed to be F’s child if C could inherit personal property from F under the state’s intestacy laws, notwithstanding a legal adoption had not been finalized.

It was held that C could inherit personal property from F based on Massachusetts’ laws of intestacy. Therefore, C was deemed to be F’s child and was therefore entitled to child’s social security benefits based on F’s earnings record.

See Social Security Ruling (SSR) 61-63

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