[sarah_sharrett]

At the age of 17 my son's girlfriend became pregnant and then they brokeup before the birth of their daughter. This occured in the state of Oregon.
This happened in 1998 and my son passed away 4 years ago, never meeting his daughter as the mother disappeared.
This past December, his ex girlfriend made contact with me saying that my grand daughter wanted to have a relationship with our family and I explained that my son had passed away but we were thrilled to have her and her mom in our lives again.
There is no doubt that this little girl is my sons and I would like very much for her to receive survivers benefits through social security as her mother needs the help raising her.
No one is listed as father on the birth certificate. How can my son be added after his death?

[aaron]

Under Section 216 of the Social Security Act, it appears that you would need to establish a relationship as follows:

(C) in the case of a deceased individual -

(i) such insured individual -

(I) had acknowledged in writing that the applicant is his or her son or daughter,

(II) had been decreed by a court to be the mother or father of the applicant, or

(III) had been ordered by a court to contribute to the support of the applicant because the applicant was his or her son or daughter,

and such acknowledgment, court decree, or court order was made before the death of such insured individual, or

(ii) such insured individual is shown by evidence satisfactory to the Commissioner of Social Security to have been the mother or father of the applicant, and such insured individual was living with or contributing to the support of the applicant at the time such insured individual died.

It would probably be very helpful to consult a lawyer who assists with Social Security benefits claims.

[sarah_sharrett]

He never got to see his child... but the mother does have letters he wrote her during and after the pregnancy discussing the baby and their future.My son and I are also willing to add any documentation we can to this also.