SSR 61-64. LEGITIMATION OF CHILD BY INTERMARRIAGE OF PARENTS

In October 1950, 10 months after C's birth, her mother W, married H, C's

alleged father. H and W, at the time of their marriage and continuously

afterward up to the time of H's death, were domiciled in Alabama. Except

for occasional intervals spent with W and H when W was not working, C

lived with her maternal grandmother. H died in August 1960. At the time of

death, he and W had been separated for approximately a year. During that

year, W and C had received no support from H. In September 1960, C's

grandmother filed application on C's behalf for child's insurance benefits

based on H's earnings record. As proof of the relationship between H and

C, W filed a signed statement that H was the father of C. Additional

evidence was submitted showing that, generally, H claimed C as a dependent

child for income tax purposes. Insurance policies containing H's signature

(witnessed by an agent of the insurance company) showed C as H's daughter

and beneficiary. It was established that in conversations with his

mother-in-law, his employer, and other persons, H had spoken of C as his

daughter.

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

that a child of an insured individual shall be entitled to child's

insurance benefits if he meets certain requirements. Although C meets all

other requirements for entitlement, it must be established that she is H's

child and that she was dependent upon him at the time he died.

The legitimate child of a worker is his child for purposes of entitlement

to child's insurance benefits on his earnings record, subject to certain

exceptions not applicable in the present case. The legitimacy of a child

is determined by reference to applicable State law, in this case the law

of Alabama.

ished that she is H's

child and that she was dependent upon him at the time he died.

The legitimate child of a worker is his child for purposes of entitlement

to child's insurance benefits on his earnings record, subject to certain

exceptions not applicable in the present case. The legitimacy of a child

is determined by reference to applicable State law, in this case the law

of Alabama.

Under Alabama law, a child born out of wedlock becomes the legitimate

child of the father, and is considered to be legitimate from birth, if the

parents intermarry and the father recognizes the child as his. Evidence in

this case establishes that C is the natural child of H and W and was

recognized by H as his child after his marriage to W. Therefore, C

qualifies as H's legitimate child under Alabama law.

Even though H was not living with or contributing to the support of C,

under section 202(d)(3), C is deemed to have been dependent upon H at the

time of his death if she is his legitimate child and has not been adopted

by some other individual. C meets these dependency requirements.

Accordingly, it is held that C is H's child and was dependent upon

H at the time of his death, as required by the Act and is entitled to

child's insurance benefits on H's earnings record.