# SSR 61-30: SSR 61-30. IRREVOCABLE SURRENDER OF CHILD TO PERSON WHO AGREES TO RAISE CHILD > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_30 ## Section - **Citation:** SSR 61-30 - **Heading:** SSR 61-30. IRREVOCABLE SURRENDER OF CHILD TO PERSON WHO AGREES TO RAISE CHILD - **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 61-30 ## Text 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. ## 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_30. Check the current official text before relying on it. Not legal advice.