# SSR 61-18: SSR 61-18. EFFECTIVE DATE OF ADOPTION WHERE ADOPTING PARENT DIES AFTER INTERLOCUTORY DECREE BUT BEFORE FINAL DECREE > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_18 ## Section - **Citation:** SSR 61-18 - **Heading:** SSR 61-18. EFFECTIVE DATE OF ADOPTION WHERE ADOPTING PARENT DIES AFTER INTERLOCUTORY DECREE BUT BEFORE FINAL DECREE - **Jurisdiction:** Federal - **Kind:** Rulings - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Social Security Rulings / OASI / Child's Insurance Benefits / SSR 61-18 ## Text 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. ## Nearby sections - [SSR 06-02p SSR 06-02p: Title II: Adjudicating Child Relationship Under Section 216(h)(2)(A) of the Social Security Act When Deoxyribonucleic Acid (DNA) Test Shows Sibling Relationship Between Claimant and a Child of the Worker Who Is Entitled Under Section 216(h)(3) of the Social Security Act](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_06_02p.md) - [SSR 60-1 SSR 60-1. CHILD MARRIED AND DIVORCED BEFORE FILING EFFECTIVE APPLICATION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_1.md) - [SSR 61-18 SSR 61-18. EFFECTIVE DATE OF ADOPTION WHERE ADOPTING PARENT DIES AFTER INTERLOCUTORY DECREE BUT BEFORE FINAL DECREE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_18.md) - [SSR 61-30 SSR 61-30. IRREVOCABLE SURRENDER OF CHILD TO PERSON WHO AGREES TO RAISE CHILD](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_30.md) - [SSR 61-52 SSR 61-52. CHANGE OF CIRCUMSTANCES SHORTLY BEFORE WORKER'S DEATH](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_52.md) - [SSR 61-64 SSR 61-64. LEGITIMATION OF CHILD BY INTERMARRIAGE OF PARENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_64.md) - [SSR 62-53 SSR 62-53. RELATIONSHIP -- EFFECTIVE DATE OF LEGITIMATION OF CHILD BY INTERMARRIAGE OF PARENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_53.md) - [SSR 63-15 SSR 63-15: SECTION 202(d). -- TERMINATION OF ENTITLEMENT TO CHILD'S INSURANCE BENEFITS -- ATTAINMENT OF AGE 18](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_15.md) - [SSR 63-28 SSR 63-28: SECTIONS 202(d), 216(e), and 216(h)(2)(A). -- RELATIONSHIP -- ADOPTED CHILD'S RIGHTS OF INHERITANCE FROM NATURAL PARENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_28.md) - [SSR 65-18 SSR 65-18: SECTION 202(d). -- CHILD'S INSURANCE BENEFITS -- LEGAL ADOPTION INSTITUTED BY WORKER IN OR BEFORE MONTH PERIOD OF DISABILITY BEGAN](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_18.md) - [SSR 65-20c SSR 65-20c: SECTIONS 202(d)(1), 216(e), and 216(h)(2). -- DEFINITION OF "CHILD" -- EQUITABLE ADOPTION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_20c.md) - [SSR 65-35 SSR 65-35: SECTION 202(d). -- CHILD'S INSURANCE BENEFITS -- LEGAL ADOPTION BY CLAIMANT ENTITLED TO DISABILITY INSURANCE BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_35.md) - [SSR 65-36c SSR 65-36c: SECTIONS 202(d) and 216(h)(2)(A). -- RELATIONSHIP -- LEGITIMATION UNDER CALIFORNIA LAW](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_36c.md) - [SSR 65-51 SSR 65-51: SECTIONS 202(d) and 205(a). -- FINALITY OF DECISION -- REOPENING ON BASIS OF NEW AND MATERIAL EVIDENCE -- GOOD CAUSE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_51.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_18. Check the current official text before relying on it. Not legal advice.