20 CFR 222.34
§ 222.34 Relationship resulting from equitable adoption.
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 222.34, § 222.34 Relationship resulting from equitable adoption, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/77341
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Full text
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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.