POMS Reference

GN 00306: Child Relationship and Dependency

TN 26 (12-98)

A. Policy

The evidence must identify the child in question and establish that the NH is the child's biological parent. It does not have to be in any specific form.

Use judgement in evaluating the evidence; remember that it must establish biological parentage.Consider such factors as its age, date established, reason established, formality, and who furnished the information on which it was based.

CAUTION:Per GN 00306.100B.2., when the “other satisfactory evidence” provision is used, it is also necessary to establish living-with or contributions.

B. Procedure

1. Life Cases

  1. Obtain the following:

    • Child's BC;

    • NH's statement that he/she is the child's parent, if he/she is not the applicant; and

    • Mother's statement as to paternity if she is not the applicant (or father's statement, if the NH is female); and

    • Additional evidence per GN 00306.125B.1.c. if the other parent's whereabouts are unknown or if he/she is incompetent or deceased.

    If these statements identify the NH as the child's parent, this would ordinarily be sufficient in the absence of evidence to the contrary, (see GN 00306.125B.1.b.). A BC that does not identify the child's parents (including one submitted because State law does not allow issuance of a full BC) is not in itself evidence to the contrary.

  2. Even if the statements obtained in GN 00306.125B.1.a. above identify the NH as the child's parent, obtain additional evidence if:

    • Another person is named as the child's parent on the BC;

    • The child's surname on a short-form BC is not the NH's surname or the mother's maiden name;

    • A birth registration for the child cannot be located;

    • There is a delayed acknowledgment per GN 00306.100E.2., first bullet;

    • The NH is incompetent, denies that he/she is the parent, or does not cooperate; or

    • Any other doubt exists as to whether the NH is the child's parent.

  3. The additional evidence of paternity may include (but is not limited to):

    • Hospital, church or school records;

    • A court decree or order;

    • A statement from the attending physician, relative or person who knows the child's relationship to the NH (e.g., the NH's spouse), including the basis for that knowledge;

    • Evidence that the NH and the child's other parent were living together when the child was conceived; or

    • Blood or genetic test results.

      CAUTION: While you may mention blood/genetic tests as one type of additional evidence of paternity that SSA may consider, do not suggest that a blood/genetic test be performed or imply that one is required.

2. Death Cases

  1. Obtain the following:

    • Child's BC (see GN 00306.100E.);

    • The mother's statement that the NH is the child's parent, if she is not the applicant (or father's statement, if NH is female); and

    • Additional evidence per GN 00306.125B.1.c. if the other parent's whereabouts are unknown, or if he/she is incompetent or deceased.

  2. Evaluate the evidence as follows:

    • The evidence is ordinarily sufficient if the BC shows the NH as parent, and this is corroborated by the applicant (and the other parent's statement if he/she is not the applicant), and there is no evidence to the contrary.

    • Develop other evidence as in GN 00306.125B.2.a. if the BC cannot be found, or it shows that the birth was registered after the NH's death, or it does not show the NH as parent.