SSR 60-9. STATUS OF CHILD IN THE WOMB
- A child conceived during its mother's marriage to her first husband, but born after her re-marriage to her second husband is the stepchild of the second husband from the date of such marriage.
M was divorced from F on March 25, 1944. She married P on May 11, 1944. A child, C, was born to M on July 13, 1944. P died on May 20, 1945. An application for child's benefits on P's social security account was filed September 23, 1959, on behalf of C.
Section 216(e) of the Social Security Act defines the term "child" as including a stepchild of a deceased individual who has been a stepchild "for not less than one year immediately preceding the day on which such individual died."
In view of the general principle that when justice or convenience requires, the child in the womb is dealt with as a human being even though physiologically it is part of the mother, the marriage of P and M created a steprelationship between P and M's child, C, even though C was unborn at that time. Since the marriage of P and M occurred more than one year prior to P's death, and C had been conceived and was in existence at the time of the marriage, it is held that C was P's stepchild for one year prior to his death as required by section 216(e) for becoming entitled to benefits on his earnings record.