[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR410.330]

[Page 617-618]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 410_FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV_BLACK 
LUNG BENEFITS (1969	 )--Table of Contents
 
                  Subpart C_Relationship and Dependency
 
Sec. 410.330  Determination of relationship; child.

    As used in this section, the term beneficiary means only a widow 
entitled to benefits at the time of her death (see Sec. 410.211), or a 
miner, except where there is a specific reference to the ``father'' 
only, in which case it means only a miner. An individual will be 
considered to be the child of a beneficiary if:
    (a) The courts of the State in which such beneficiary is domiciled 
(see Sec. 410.392) would find, under the law they would apply in 
determining the devolution of the beneficiary's intestate personal 
property, that the individual is the beneficiary's child; or
    (b) Such individual is the legally adopted child of such 
beneficiary; or
    (c) Such individual is the stepchild of such beneficiary by reason 
of a valid marriage of his parent or adopting parent to such 
beneficiary; or
    (d) Such individual does not bear the relationship of child to such 
beneficiary under paragraph (a), (b), or (c) of this section, but would, 
under State law, have the same right as a child to share in the 
beneficiary's intestate personal property; or
    (e) Such individual is the natural son or daughter of a beneficiary 
but does not bear the relationship of child to such beneficiary under 
paragraph (a), (b), or (c) of this section, and is not considered to be 
the child of the beneficiary under paragraph (d) of this section, such 
individual shall nevertheless be considered to be the child of such 
beneficiary if the beneficiary and the mother or the father, as the case 
may be, of such individual went through a marriage ceremony resulting in 
a purported marriage between them which, but for a legal impediment (see 
Sec. 410.391), would have been a valid marriage.
    (f) Such individual is the natural son or daughter of a beneficiary 
but does not have the relationship of child to such beneficiary under 
paragraph (a), (b), or (c) of this section, and is not considered to be 
the child of the beneficiary under paragraph (d) or (e) of this section, 
such individual shall nevertheless be considered to be the child of such 
beneficiary if:
    (1) Such beneficiary, prior to his entitlement to benefits, has 
acknowledged in writing that the individual is his son or daughter, or 
has been decreed by a court to be the father of the individual, or he 
has been ordered by a court to contribute to the support of the 
individual (see Sec. 410.395(c)) because the individual is his son or 
daughter; or
    (2) Such beneficiary is shown by satisfactory evidence to be the 
father of the individual and was living with or contributing to the 
support of the individual at the time such beneficiary became entitled 
to benefits.

[[Page 618]]

    (g) Such individual is the natural son or daughter of a beneficiary 
but does not have the relationship of child to such beneficiary under 
paragraph (a), (b), or (c) of this section, and is not considered to be 
the child of the beneficiary under paragraph (d) or (e) of this section, 
such individual shall nevertheless be considered to be the child of such 
beneficiary for months no earlier than June 1974, if:
    (1) Such beneficiary has acknowledged in writing that the individual 
is his son or daughter, or has been decreed by a court to be the father 
of the individual, or he has been ordered by a court to contribute to 
the support of the individual (see Sec. 410.395(c)) because the 
individual is his son or daughter; and in the case of a deceased 
individual such acknowledgement, court decree, or court order was made 
before the death of such beneficiary; or
    (2) Such beneficiary is shown by satisfactory evidence to be the 
father of the individual and was living with or contributing to the 
support of the individual at the time such request for benefits is made.

[36 FR 23756, Dec. 14, 1971, as amended at 37 FR 20639, Sept. 30, 1972; 
41 FR 33550, Aug. 10, 1976]