# SSR 61-63: SSR 61-63. STATUS OF CHILD UNDER UNFULFILLED CONTRACT TO ADOPT > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_63 ## Section - **Citation:** SSR 61-63 - **Heading:** SSR 61-63. STATUS OF CHILD UNDER UNFULFILLED CONTRACT TO ADOPT - **Jurisdiction:** Federal - **Kind:** Rulings - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Social Security Rulings / OASI / Family Relationships / SSR 61-63 ## Text Immediately following her birth in September 1944, C, an illegitimate child, was given to F and his wife by the child's mother. At that time, the mother agreed to give up all rights to the child and to unconditionally surrender her to F and his wife and they in return promised to legally adopt C. In June 1946, F and his wife filed a petition for the adoption of C. This petition contained a statement by C's mother giving her consent to the adoption, but the adoption proceedings were never completed because of the death of their lawyer. However, C has always lived with F and his wife in their home, has been called by their name, and has been fully supported by F all her life. F and his wife have always exercised full control and custody of the child and have in all ways treated her as their own. In December 1960, F attained age 65 and was awarded old-age insurance benefits effective with that month. In January 1961, F filed an application of C's behalf for child's insurance benefits based on his earnings record. All events set forth above took place in Massachusetts while F was domiciled there. All requirements for child's insurance benefits are met if C is a child of F as defined in section 216(e) and C is his child under section 216(e) if she may be deemed his child under section 216(h)(2)(A) of the Act. Section 216(h)(2)(A), in pertinent part, provides that in determining whether an applicant is the child of an insured individual, the Secretary shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which the individual was domiciled at the time such applicant files application. An applicant who, according to such law, would have the same status as a child of the insured individual for the purpose of sharing in his intestate personal property shall be deemed to be his child. s would be applied in determining the devolution of intestate personal property by the courts of the State in which the individual was domiciled at the time such applicant files application. An applicant who, according to such law, would have the same status as a child of the insured individual for the purpose of sharing in his intestate personal property shall be deemed to be his child. It is, therefore, necessary to determine whether, under the law of Massachusetts, C could qualify as a child for a share in the distribution of F's intestate personal property. Where a mother unconditionally gave her illegitimate child to foster parents in return for their promise that the child would be legally adopted by them, and, although no legal adoption took place, all parties have otherwise performed their obligations under such a contract, the court of Massachusetts would recognize the right of the child to specific performance of the contract and would hold that in equity the child has the same rights of inheritance as if he had been legally adopted. Since, therefore, C could share as a child in F's estate under applicable State law, she may be deemed to be F's, child for purposes of entitlement to child's insurance benefits. ## 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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_63. Check the current official text before relying on it. Not legal advice.