SSR 61-30. IRREVOCABLE SURRENDER OF CHILD TO PERSON WHO AGREES TO RAISE CHILD

C was born in Pennsylvania in October 1952. Shortly after her birth, A

and his wife took C into their home and made an oral agreement with her

mother, M, that C would remain with them until their death. Because A

feared that M might attempt to reclaim C at some later date, on February

22, 1960, he, his wife, and M executed a document, "Amicable Agreement for

Personal Custody of C, a Minor." This agreement does not refer to any

adoption but simply states (1) that it is the desire of all parties to

surrender absolute and irrevocable custody of C to A and his wife; (2)

that M binds herself forever to relinquish all rights of custody of C; and

(3) that A and his wife agree to care for, support, educate, and bring up

C as their own and to give her all rights and privileges as their heir. In

April 1960 A filed application for and was awarded old-age insurance

benefits. At the same time he filed application for child's benefits for

C.

Section 202(d) of the Social Security Act provides that every child of an

individual entitled to old-age insurance benefits who meets certain

requirements shall be entitled to child's insurance benefits.

Section 216(e) states: "The term 'child' means (1) the child or legally

adopted child of an individual * * *."

Section 216(h)(2) provides that an applicant who has the status of a

child relative to the taking of intestate personal property under the laws

of the State where an insured individual is domiciled at the time

application is filed, is the child of such individual for social security

purposes.

Regulations No. 4, § 404.1109(c) defines a child as an applicant who,

though neither the stepchild nor legally adopted child of the individual

upon whose earnings record his application is based, has the status of a

child of such individual under applicable State law.

individual is domiciled at the time

application is filed, is the child of such individual for social security

purposes.

Regulations No. 4, § 404.1109(c) defines a child as an applicant who,

though neither the stepchild nor legally adopted child of the individual

upon whose earnings record his application is based, has the status of a

child of such individual under applicable State law.

Since C is not the natural child, legally adopted child, nor stepchild of

A, she can meet the requirements for entitlement to child's insurance

benefits only if she has the status of A's child under applicable State

law.

The agreement executed by A and M provides that M irrevocably surrenders

custody of C to A and that A will care for C as his own and make her his

heir. Pennsylvania courts would recognize this agreement as a valid

contract pursuant to which C would be entitled to share in A's estate as

his child. Thus she has the status of his child under Pennsylvania law.

It is held , therefore, that C is A's child for social security

purposes and, since she met all other requirements, is entitled to the

child's insurance benefits for which application was filed.