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Can a child NOT meeting the State law test in section 326 or 327 be considered the child of the worker?

Excerpted from "Social Security Handbook". See the up-to-date, official Social Security Handbook at ssa.gov.

328. Can a child NOT meeting the State law test in section 326 or 327 be considered the child of the worker?

A child is deemed to be your "child" even though the State Law Test is not met as described in §326 or §327 if the child is your son or daughter and:

  1. You and the mother or father went through a marriage ceremony that would have resulted in a valid marriage except for an impediment arising:

    1. From the lack of dissolution of a previous marriage or otherwise arising out of such a previous marriage or its dissolution; or

    2. From a defect in the procedure followed in connection with the supposed marriage; or

  2. One of the conditions set forth in §324 (E) is met.

Last Revised: Feb. 6, 2003

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