# SSR 60-9: SSR 60-9. STATUS OF CHILD IN THE WOMB

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_9

## Section

- **Citation:** SSR 60-9
- **Heading:** SSR 60-9. STATUS OF CHILD IN THE WOMB
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Family Relationships / SSR 60-9

## Text

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.

## Nearby sections

- [SSR 60-9 SSR 60-9. STATUS OF CHILD IN THE WOMB](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_9.md)
- [SSR 61-8 SSR 61-8. VALIDITY OF DIVORCE OBTAINED OUTSIDE OF STATE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_8.md)
- [SSR 61-9 SSR 61-9. VALIDITY OF COMMON-LAW MARRIAGE WHERE PARTIES INTEND CEREMONIAL MARRIAGE IN FUTURE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_9.md)
- [SSR 61-63 SSR 61-63. STATUS OF CHILD UNDER UNFULFILLED CONTRACT TO ADOPT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_63.md)
- [SSR 61-65 SSR 61-65. EFFECT OF INVALID DIVORCE WHERE PARTIES ARE ESTOPPED TO DENY ITS VALIDITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_65.md)
- [SSR 62-35 SSR 62-35. RELATIONSHIP -- PRESUMPTION OF LEGITIMACY OF CHILD BORN AFTER DEATH OF WORKER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_35.md)
- [SSR 62-36 SSR 62-36. RELATIONSHIP -- CONTINUATION OF VALID MARRIAGE AFTER SUBSEQUENT BIGAMOUS MARRIAGE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_36.md)
- [SSR 62-37 SSR 62-37. RELATIONSHIP -- PRESUMPTION OF THE VALIDITY OF THE LAST MARRIAGE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_37.md)
- [SSR 62-47 SSR 62-47: Rescinded](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_47.md)
- [SSR 62-68 SSR 62-68. RELATIONSHIP -- MARRIAGE AFTER MEXICAN "MAIL-ORDER" DIVORCE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_68.md)
- [SSR 63-20 SSR 63-20: SECTION 216(h). -- RELATIONSHIP -- VALIDITY OF MARRIAGE BETWEEN FIRST COUSINS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_20.md)
- [SSR 63-47 SSR 63-47: SECTION 216(b). -- RELATIONSHIP -- WIFE'S INSURANCE BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_47.md)
- [SSR 63-48 SSR 63-48: SECTION 216(h)(1)(B). -- RELATIONSHIP -- TRIBAL CUSTOM MARRIAGE -- DEFECT IN PROCEDURE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_48.md)
- [SSR 63-49 SSR 63-49: SECTION 216(h)(1)(B). -- RELATIONSHIP -- DE FACTO MARRIAGE RESULTING FROM JAPANESE "CUSTOM MARRIAGE"](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_49.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_9. Check the current official text before relying on it. Not legal advice.