SSR 60-9. STATUS OF CHILD IN THE WOMB

M was divorced from F on March 25, 1944. She married P on May 11, 1944. A

child, C, was born to M on July 13, 1944. P died on May 20, 1945. An

application for child's benefits on P's social security account was filed

September 23, 1959, on behalf of C.

Section 216(e) of the Social Security Act defines the term "child" as

including a stepchild of a deceased individual who has been a stepchild

"for not less than one year immediately preceding the day on which such

individual died."

In view of the general principle that when justice or convenience

requires, the child in the womb is dealt with as a human being even though

physiologically it is part of the mother, the marriage of P and M created

a steprelationship between P and M's child, C, even though C was unborn at

that time. Since the marriage of P and M occurred more than one year prior

to P's death, and C had been conceived and was in existence at the time of

the marriage, it is held that C was P's stepchild for one year

prior to his death as required by section 216(e) for becoming entitled to

benefits on his earnings record.