SSR 61-18. EFFECTIVE DATE OF ADOPTION WHERE ADOPTING PARENT DIES AFTER INTERLOCUTORY DECREE BUT BEFORE FINAL DECREE

C was born in Arkansas on January 12, 1954. After his birth his mother

was confined in a State hospital because of a mental condition. On July

21, 1954, C's father gave him to D and E "to raise and care for" because

the father was unable to care for him properly. From that date until D

died on November 2, 1958, although no action was taken to legally adopt

him, C lived with D and E, was known by their surname, and was treated in

all ways as their child. After D's death, E instituted proceedings for the

legal adoption of C, and on April 27, 1959, an interlocutory decree of

adoption was granted, which stated in part:

E died, fully and currently insured, on September 4, 1959, less than six

months after the interlocutory decree was issued. Shortly thereafter, an

application for child's insurance benefits based on E's earnings record

was filed on C's behalf.

Section 202(d) of the Social Security Act provides, in pertinent part,

for the payment of child's insurance benefits to a child (as defined in

section 216(e) of a fully or currently insured individual. Section 216(e)

defines the term "child" as including the legally adopted child of an

individual.

The interlocutory decree of adoption which was issued to E provided for a

six months' waiting period before a final decree could be entered.

However, E died before such final decree could be entered. Therefore, the

question to be resolved is whether C qualifies as the legally adopted

child of E and, if so, the effective date of adoption.

Section 56-108(e) of the 1947 Arkansas Statutes provides, in pertinent

part:

In reference to the effective date of an adoption, the Arkansas Supreme

Court in the case of A. v. B. , 297 Ark. 844, 233 S.W. (2d) 629

such final decree could be entered. Therefore, the

question to be resolved is whether C qualifies as the legally adopted

child of E and, if so, the effective date of adoption.

Section 56-108(e) of the 1947 Arkansas Statutes provides, in pertinent

part:

In reference to the effective date of an adoption, the Arkansas Supreme

Court in the case of A. v. B. , 297 Ark. 844, 233 S.W. (2d) 629

(1950) said:

It is held , therefore, that C has the status of a legally adopted

child of E even though E died within six months of the interlocutory

decree and no final decree will be entered, and thus C is the child of E

within the meaning of section 216(e) of the Social Security Act.