§ 222.34. Relationship resulting from equitable adoption.
144 words·~1 min read·
/us/cfr/t20/s§ 222.34·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.