POMS Reference

GN 00306: Child Relationship and Dependency

TN 29 (10-05)

A. Policy - Inheritance Rights

1. General

If a NH's illegitimate child is not legitimated, the child has the status of “child” under the Act if the child has inheritance rights under applicable State intestacy law. Similarly, the parent of an illegitimate child has the status of “parent” under the Act if he/she has the right to inherit from that child under such State law.

Provisions that confer inheritance rights but do not legitimate the child are preceded by an “I” in the State law entries in GN 00306.400 - GN 00306.680.

2. Dependency

The child is deemed dependent on the father unless the child was adopted by someone else (see GN 00306.165).

3. Effective Date

An act/event conferring inheritance rights generally has effect only from the date of such act/event. Submit to the RCC per GN 01010.815 ff. if the date is material and you have no precedent opinion on whether the act or event has any retroactive effect under State law.

See the NOTE at the beginning of the Louisiana entry in GN 00306.505 for an explanation of, and effective dates for, Louisiana legitimation and inheritance rights provisions.

If a provision in GN 00306.400 - GN 00306.680 shows that a State law confers inheritance rights based on an adjudication of paternity (but does not legitimate the child), and the provision is effective prospectively only, the claimant's status as the NH's child is established effective with the following dates:

  • if one piece of evidence satisfies the applicable standard of proof (e.g., blood test results constitute clear and convincing evidence), the date of that piece of evidence; or

  • if more than one piece of evidence is needed to satisfy the applicable standard of proof, the date of the latest necessary piece of evidence.

B. Policy - Status With Respect to Mother

1. General

a. Laws of All States

Except as indicated in GN 00306.055B.1.b., under the laws of all States:

  • A child born out of wedlock has inheritance rights with respect to his/her mother; and

  • The mother has the status of parent as to the child.

b. Exceptions

  • Puerto Rico requires implicit or explicit acknowledging acts in the absence of a public birth record.

  • Submit to RCC per GN 01010.815 if the law of American Samoa is involved.

  • Submit to RCC per GN 01010.815 if Louisiana law is involved and the matter concerns in vitro fertilization or other exceptional circumstances.

2. Dependency

The child is deemed dependent on his/her mother unless adopted by someone else (see GN 00306.165).

C. References