# SSR 62-35: SSR 62-35. RELATIONSHIP -- PRESUMPTION OF LEGITIMACY OF CHILD BORN AFTER DEATH OF WORKER > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_35 ## Section - **Citation:** SSR 62-35 - **Heading:** SSR 62-35. RELATIONSHIP -- PRESUMPTION OF LEGITIMACY OF CHILD BORN AFTER DEATH OF WORKER - **Jurisdiction:** Federal - **Kind:** Rulings - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Social Security Rulings / OASI / Family Relationships / SSR 62-35 ## Text H died August 14, 1960, domiciled in Missouri. On June 14, 1961, a child, C, was born to H's widow. This was 304 days after H's death. A few weeks later, the widow filed application on H's earnings record for child's insurance benefits on C's behalf. C's birth certificate was submitted to establish the child's relationship to H. Entries on the birth certificate stated that H was C's father and that the duration of the pregnancy was nine months. To reconcile the discrepancy, an attempt was made to obtain additional evidence but the widow refused to permit her physician to give any further statement, and did not offer any other evidence to show that C was H's child. Under section 216(h)(2)(A) of the Social Security Act, C would be considered H's child for purposes of entitlement to child's benefits if, under the law of the State in which H was domiciled at his death (Missouri), she would have the status of his child for purposes of inheritance from him. In this case, C has such status if H was her natural father. Relative to the question of paternity, under Missouri law there is a strong presumption that a child conceived during wedlock is the child of its mother's husband. If such presumption wee here applicable, it would (unless rebutted) establish H's paternity of C. As to this presumption, Missouri's courts will take judicial notice of the fact that 280 days is the normal period of gestation and that a variation of a few days is reasonable. However, where the period of time between the death of the mother's husband and the birth of the child exceeds 300 days, as in the present case, affirmative evidence showing that the child was conceived prior to the husband's death would be necessary to give rise to this presumption. fact that 280 days is the normal period of gestation and that a variation of a few days is reasonable. However, where the period of time between the death of the mother's husband and the birth of the child exceeds 300 days, as in the present case, affirmative evidence showing that the child was conceived prior to the husband's death would be necessary to give rise to this presumption. In this case, therefore, it is clear that the presumption of legitimacy may not be applied and that affirmative evidence is necessary to show that C was conceived during H's lifetime. Since no such evidence has been submitted, it is held that the requisite relationship between C and H has not been established. Therefore C does not qualify for child's insurance benefits on H's earnings record. ## 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_62_35. 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