TN 26 (12-98)

A. Policy

It is necessary to establish the fact of biological relationship, legal adoption, or steprelationship through a marriage to the biological or legally adopting parent.

If steprelationship is involved, the marriage to the child's parent must:

• Be a valid or voidable (not void) marriage (see GN 00305.045 and GN 00305.050); and

• Not have ended in divorce or annulment.

The deemed marriage provision cannot apply to a “stepchild” (through deemed marriage) of the NH's or spouse's child.

B. Procedure

1. Caution

Since the dependency requirements of this provision are rather rigid, do not initiate relationship development where there appears to be little or no chance that the child can meet the dependency requirements.

2. Natural Child or Adopted Child of Parent

1. Ordinarily, accept the grandchild's BC showing the name of the NH's or spouse's child as his/her parent as proof of relationship (original BC for a natural child or amended BC for legally adopted child).

2. If the NH's or spouse's child is not shown on the grandchild's BC as parent:

   • To establish a natural child relationship, develop according to GN 00306.125B.2.b., except it is not necessary for the grandchild's parent to have been living with or contributing to the grandchild's support.

   • To establish the legal adoption of the child if the BC was not amended, follow GN 00306.155.

3. Stepchild of Parent

Obtain:

• The child's BC,

• Proof of the marriage creating the steprelationship, and

• A statement from the person filing on behalf of the child that, to the best of his/her knowledge, the marriage did not end in divorce or annulment.