# 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

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_28

## Section

- **Citation:** SSR 63-28
- **Heading:** SSR 63-28: SECTIONS 202(d), 216(e), and 216(h)(2)(A). -- RELATIONSHIP -- ADOPTED CHILD'S RIGHTS OF INHERITANCE FROM NATURAL PARENT
- **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 63-28

## Text

20 CFR 404.1101 and 404.1109

SSR 63-28

A worker, M, and his wife, W, were divorced in 1955, and W was granted
custody of their 6-year-old son, C. In 1959 W remarried, and in January
1960 her second husband adopted C in Florida. M died fully insured in
December 1961 while domiciled in New Jersey, and W filed application on
behalf of C for child's insurance benefits on M's earnings record.

Section 202(d) of the Act provides for the payment of child's insurance
benefits to a child (as defined in section 216(e)) of a worker who dies
fully or currently insured, if certain requirements for entitlement are
met. Under section 216(e), the term "child" means the child, the legally
adopted child, and/or, under certain circumstances, the stepchild of a
worker.

The primary issue is whether C has the status required by section
216(h)(2)(A), supra, and is thus M's "child" under section 216(e). (Under
certain circumstances not present in this case, a claimant may also
qualify as the child of a worker under section 216(h)(2)(B).)

Under the law of Florida, the State in which C was adopted, an adopted
child retains the right to inherit intestate personal property from his
natural father. (Section 731.30, Florida Statutes Annotated.) Had M died
domiciled in Florida, C would qualify as M's child under section 216(e).
However, M died domiciled in New Jersey and under section 216(h)(2)(A),
C's status as M's child for the purpose of determining eligibility for
child's insurance benefits must be determined by application of the laws
which the courts of that State would apply in determining the devolution
of M's intestate personal property. The courts of New Jersey would (in
accordance with the conflict- of-laws rule of the majority of American
jurisdictions) follow the rule that, in general, an adoptive status
created in another jurisdiction will be recognized in New Jersey, but that
the right of the person so adopted to inherit in New Jersey is governed by
the laws of that State
ution
of M's intestate personal property. The courts of New Jersey would (in
accordance with the conflict- of-laws rule of the majority of American
jurisdictions) follow the rule that, in general, an adoptive status
created in another jurisdiction will be recognized in New Jersey, but that
the right of the person so adopted to inherit in New Jersey is governed by
the laws of that State. In re Finkenzeller's Estate , 105 N.J. Eq.
44, 146 Atl. 656 (1929), affirmed 107 N.J. Eq. 680, 151 Atl. 905 (1930).
Under New Jersey law, if the natural parent died after December 31, 1953,
his child, if adopted by another person during the natural parent's
lifetime, may not inherit unless the natural parent is the spouse of the
adopting parent and consents to and approves the adoption. (Section 9:
3-30, New Jersey Statutes Annotated.)

Thus, in the instant case, C, by reason of the Florida adoption, could
not share as a child in M's intestate personal property in New Jersey, and
hence is not M's child for purposes of entitlement to child's insurance
benefits.

## 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_28. Check the current official text before relying on it. Not legal advice.