TN 26 (12-98)

A. Policy

All of the provisions as to State laws on inheritance, child (or stepchild) of a deemed marriage, and deemed child under section 216(h)(3) of the Act apply. In establishing the relationship to the NH's spouse, consider the spouse as the “insured individual” (NH) in applying those provisions.

NOTE: It is not necessary to establish the dependency of such a person on the NH or spouse. However, dependency-type factors are a condition of relationship in some cases.

B. Procedure

Develop relationship according to the appropriate section(s) in this subchapter. For a section 216(h)(3) child, all factors apply, including living with or contributions when relationship is based on other evidence of paternity.

In addition, for a legally adopted child, accept an amended BC showing NH or spouse as parent as proof that adoption took place. If no BC is available, follow GN 00306.155. No dependency is required.