In cases where a child is legally adopted by an insured individual, it is crucial to determine whether the child is considered dependent on the insured.
This blog post will discuss the various conditions under which a legally adopted child can be considered dependent on the insured, as outlined in § 404.362.
Dependency of a Legally Adopted Child
- Adopted before the insured is entitled to old-age or disability benefits: The child is considered dependent upon the insured.
- Adopted after the insured is entitled to benefits and the child applies for benefits during the insured’s lifetime: The child must meet the dependency requirements stated in paragraph (b) of § 404.362.
- Adopted after the insured is entitled to benefits and the child applies for benefits after the insured’s death: The child is considered dependent upon the insured.
- Adopted after the insured’s death by the insured’s surviving spouse: The child may be considered dependent upon the insured only under the conditions described in paragraph (c) of § 404.362.
Adoption after the Insured is Entitled to Benefits
A legally adopted child may be considered dependent on the insured under the following conditions:
- The child had not attained age 18 when adoption proceedings were started, and the adoption was issued by a court of competent jurisdiction within the United States; or
- The child had attained age 18 before adoption proceedings were started; the adoption was issued by a court of competent jurisdiction within the United States, and the child was living with or receiving at least one-half of their support from the insured for the year immediately preceding the month in which the adoption was issued.
Natural children or stepchildren legally adopted by the insured after he or she became entitled to benefits are considered dependent upon the insured.
Adoption by the Insured’s Surviving Spouse
A legally adopted child may be considered dependent upon the insured as of the date of his or her death if:
- The child was either living with or receiving at least one-half of their support from the insured at the time of his or her death; and
- The insured had started adoption proceedings before he or she died, or if the insured had not started the adoption proceedings before he or she died, his or her surviving spouse began and completed the adoption within 2 years of the insured’s death.
For a grandchild or stepgrandchild of the insured who is legally adopted by the insured’s surviving spouse, the child is considered the dependent child of the insured as of the date of his or her death if:
- The adoption took place in the United States;
- At the time of the insured’s death, the child’s natural, adopting, or stepparent was not living in the insured’s household and making regular contributions toward the child’s support; and
- The child meets the dependency requirements stated in § 404.364.
Example:
John, an insured individual, became entitled to old-age benefits at the age of 65. Before reaching the age of 65, John and his spouse, Jane, legally adopted a child named Emily. In this case, Emily is considered dependent upon John as she was legally adopted before John became entitled to old-age benefits.
When John turned 68, he and Jane decided to adopt another child, Max, who was 16 years old. Max’s adoption was finalized by a court of competent jurisdiction within the United States. Since Max was legally adopted after John became entitled to old-age benefits and Max was under the age of 18 when the adoption proceedings started, Max is considered dependent upon John during his lifetime.
Unfortunately, John passed away at the age of 70. A year after John’s death, Jane adopted John’s 12-year-old stepgrandson, Sam. Sam’s adoption took place in the United States, and at the time of John’s death, Sam’s natural parent was not living in John’s household and making regular contributions toward Sam’s support. Furthermore, Sam meets the dependency requirements stated in § 404.364. In this situation, Sam is considered the dependent child of John as of the date of John’s death.
Conclusion: Understanding the dependency of legally adopted children on insured parents is crucial for determining the child’s eligibility for benefits. The conditions and requirements outlined in § 404.362 provide a framework for making these determinations.
https://www.ssa.gov/OP_Home/cfr20/404/404-0362.htm
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