§222.34. Relationship resulting from equitable adoption.
20 C.F.R. § 222.34
In many States, where a legal adoption proceeding was defective under State law or where a contemplated legal adoption was not completed, a claimant may be considered to be an equitably adopted child. A claimant will have the relationship of an equitably adopted child for annuity and lump-sum payment purposes if, in addition to meeting the other requirements of this part—
The employee had agreed to adopt the claimant; and
The natural parents or the person legally responsible for the care of the claimant agreed to the adoption; and
The employee and the claimant lived together as parent and child; and
The agreement to adopt is recognized under applicable State law such that, if the employee were to die without leaving a will, the claimant could inherit a share of the employee's personal estate as the child of the employee.
Notes, amendments, and revision history
Authority
Authority: 45 U.S.C. 231f.
Source
Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.