# SSR 61-64: SSR 61-64. LEGITIMATION OF CHILD BY INTERMARRIAGE OF PARENTS > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_64 ## Section - **Citation:** SSR 61-64 - **Heading:** SSR 61-64. LEGITIMATION OF CHILD BY INTERMARRIAGE OF PARENTS - **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 61-64 ## Text 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. ## 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_64. 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