---
kind: "section"
citation: "20 C.F.R. § 222.35"
title: "20"
number: "222.35"
heading: "Relationship as stepchild."
url: "https://uscodex.org/cfr/20/222.35"
---

# §222.35. Relationship as stepchild.


A claimant will be considered to have the relationship of stepchild of an employee, and will be considered a child for annuity but not for lump-sum benefit purposes if—

- (a) The claimant's natural or adoptive parent married the employee after the claimant's birth; and
- (b) The marriage between the employee and the claimant's parent is a valid marriage under applicable State law (see §§ [222.12](/cfr/20/222.12.md) and [222.13](/cfr/20/222.13.md)), or would be valid except for a legal impediment; and
- (c) **The employee and the claimant's parent were married at least one year before the date—**
  - (1) On which the spouse applies for an annuity based on having the employee's child in care; or
  - (2) On which the employee's annuity can be increased under the social security overall minimum provision; or
- (d) The employee and the claimant's parent were married at least nine months before the date on which the employee died if the claimant is applying for a child's annuity; or if the employee and the claimant's parent were married less than nine months, the employee was reasonably expected to live for nine months, and—
  - (1) The employee's death was accidental; or
  - (2) The employee died in the line of duty as a member of the armed forces of the United States; or
  - (3) **The widow(er) was previously married to the employee for at least nine months.**

## Notes

### Authority

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

### Source

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