Equitably adopted children may be eligible for Social Security benefits based on their adoptive parent’s record.
However, the dependency criteria must be met to establish eligibility. In this article, we’ll discuss the conditions under which an equitably adopted child is considered dependent upon the insured, as defined in § 404.365.
- Definition of an Equitably Adopted Child As per § 404.359, an equitably adopted child refers to a child who has been adopted informally or under a contract to adopt, without the completion of formal legal proceedings.
- Establishing Dependency An equitably adopted child is considered dependent on the insured if they were living with or receiving contributions for their support from the insured at the time of the insured’s death. There are additional requirements depending on when the equitable adoption occurred:
A. Equitable Adoption After the Insured’s Entitlement to Old-age or Disability Benefits If the child’s equitable adoption took place after the insured became entitled to old-age or disability benefits, dependency cannot be established during the insured’s life.
B. Equitable Adoption Before the Insured’s Entitlement to Old-age or Disability Benefits If the child’s equitable adoption occurred before the insured became entitled to old-age or disability benefits, the child is considered dependent if they were living with or receiving contributions for their support from the insured at one of the following times:
i. When the child applied for benefits; or
ii. If the insured had a period of disability that lasted until they became entitled to old-age or disability benefits, at the beginning of the period of disability or at the time the insured became entitled to benefits.
Example: Jane’s Equitable Adoption and Social Security Benefits
Jane is an equitably adopted child, meaning her adoptive parents, John and Mary, informally adopted her under a contract to adopt when she was 5 years old. The formal legal proceedings were never completed, but Jane has been living with John and Mary ever since and considers them her parents.
John has been working for the past 30 years and is now entitled to old-age Social Security benefits. When Jane turned 18, she decided to apply for Social Security benefits as John’s dependent child.
In this scenario, Jane’s equitable adoption took place before John became entitled to old-age Social Security benefits. To establish dependency, Jane must prove that she was either living with John or receiving contributions for her support from him at the time of her application for benefits.
Since Jane has been living with John ever since her equitable adoption, she meets the dependency criteria. As a result, she is considered dependent on John and may be eligible for Social Security benefits based on his record.
This example illustrates the importance of understanding the dependency criteria for equitably adopted children and how it impacts their eligibility for Social Security benefits.
Conclusion: Understanding the dependency criteria for equitably adopted children is essential to determine their eligibility for Social Security benefits based on the insured’s record. The timing of the equitable adoption and the child’s living arrangement or financial support from the insured play crucial roles in establishing dependency. If you believe you or someone you know may qualify as an equitably adopted child, consult with a legal expert or the Social Security Administration to understand your rights and options.
https://www.ssa.gov/OP_Home/cfr20/404/404-0365.htm
At Hugo Fierro & Michael Perez, we have the requisite expertise to aid you in comprehending the intricacies of your Social Security disability claim.