---
kind: "section"
citation: "20 C.F.R. § 222.34"
title: "20"
number: "222.34"
heading: "Relationship resulting from equitable adoption."
url: "https://uscodex.org/cfr/20/222.34"
---

# §222.34. Relationship resulting from equitable adoption.


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—

- (a) The employee had agreed to adopt the claimant; and
- (b) The natural parents or the person legally responsible for the care of the claimant agreed to the adoption; and
- (c) The employee and the claimant lived together as parent and child; and
- (d) 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

### Authority

Authority: 45 U.S.C. 231f.

### Source

Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.