[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR505.3]



[Page 26-27]

 

                        TITLE 45--PUBLIC WELFARE

 

 CHAPTER V--FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES, 

                          DEPARTMENT OF JUSTICE

 

PART 505_PROVISIONS OF GENERAL APPLICATION--Table of Contents

 

Sec. 505.3  Definitions applicable under the Act.



    Child means:

    (1) A natural or adopted son or daughter of a deceased prisoner of 

war



[[Page 27]]



or a deceased civilian prisoner of war or a deceased American citizen 

including any posthumous son or daughter of such deceased person.

    (2) Any son or daughter of a deceased person born out of wedlock 

will be deemed to be a child of the deceased for the purpose of this 

Act, if:

    (i) Legitimated by a subsequent marriage of the parents,

    (ii) Recognized as a child of the deceased by his or her admission, 

or

    (iii) So declared by an order or decree of any court of competent 

jurisdiction.

    Husband means the surviving male spouse of a deceased prisoner of 

war or of a deceased civilian American citizen who was married to the 

deceased at the time of her death by a marriage valid under the 

applicable law of the place entered into.

    Natural guardian means father and mother who shall be deemed to be 

the natural guardians of the person of their minor children. If either 

dies or is incapable of action, the natural guardianship of the person 

shall devolve upon the other. In the event of death or incapacity of 

both parents, then the blood relative, paternal or maternal, standing in 

loco parentis to the minor shall be deemed the natural guardian.

    Parent means:

    (1)(i) The natural or adoptive father or mother of a deceased 

prisoner of war, or any other individual standing in loco parentis to 

the deceased person for a period of not less than 1 year immediately 

preceding the date of that person's entry into active service and during 

at least 1 year of the person's minority. Not more than one mother or 

one father as defined shall be recognized in any case. An individual 

will not be recognized as standing in loco parentis if the natural 

parents or adoptive parents are living, unless there is affirmative 

evidence of abandonment and renunciation of parental duties and 

obligations by the natural or adoptive parent or parents prior to entry 

into active service by the deceased prisoner or war;

    (ii) An award in the full amount allowable had the deceased prisoner 

of war survived may be made to only one parent when it is shown that the 

other parent has died or if there is affirmative evidence of abandonment 

and renunciation of parental duties and obligations by the other parent.

    (2) The father of an illegitimate child will not be recognized as 

such for purposes of the Act unless evidence establishes that:

    (i) He has legitimated the child by subsequent marriage with the 

mother;

    (ii) Recognized the child as his by written admission prior to 

enlistment of the deceased in the armed forces or entry into an overseas 

duty status; or

    (iii) Prior to death of the child he has been declared by decree of 

a court of competent jurisdiction to be the father.

    Widow means the surviving female spouse of a deceased prisoner of 

war or a deceased civilian American citizen who was married to the 

deceased at the time of his death by marriage valid under the applicable 

law of the place where entered into.