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The DNA test results, dated October 20, 2011, showed a 97.8% probability of half-siblingship between Claimant and C1, that is, a 97.8% likelihood that they shared a common biological parent. As to retroactivity of benefits, the Kentucky Supreme Court has held that “[i]t is beyond dispute that an illegitimate child has exactly the same rights to inherit as does a legitimate child.” , 816 S. Sincerely, Mary Ann Sloan Regional Chief Counsel By___________ Christopher Yarbrough Assistant Regional Counsel DATE: June 28, 2010There is no evidence to suggest a Kentucky court would treat genetic test results obtained from an out-of-state testing facility differently from those from an in-state testing facility.SSA records show that Claimant and C1 do not share a mother. § 391.105(1) because NH and Claimant’s mother did not participate in a marriage ceremony. Still, such results are not sufficient under Kentucky intestacy law to establish a parent child relationship without additional supporting evidence.The DNA evidence and statement from the deceased number holder’s daughter provide clear and convincing evidence that the claimant is the number holder’s child for determining the claimant’s eligibility for CIB on the number holder’s earnings record and Claimant would be eligible for benefits from six months before her application. Here, the DNA testing does not create a rebuttable presumption that NH was Claimant’s father as it showed only a 97.8% probability that Claimant and C1 are half-sisters. In , the Kentucky Supreme Court found that a purported child had produced sufficient evidence to establish paternity through testimony from the natural mother, the sister of the decedent, and the administratrix of the estate without any DNA or blood testing. Here, although there is no evidence that NH and Claimant’s mother intended to wed, Claimant’s mother alleges NH’s paternity of Claimant and the information indicates NH informed C1 that she was going to have a brother or sister and said “it’s my baby,” referring to Claimant.QUESTIONYou asked whether DNA testing results showing a 97.8% probability of half-siblingship between the claimant and the deceased number holder’s daughter along with a statement from the deceased number holder’s daughter that the deceased number holder told her the claimant was his baby, suffices to establish the claimant is the number holder’s child for determining the claimant’s eligibility for child’s insurance benefits (CIB) on the number holder’s earnings record. We note there is no evidence to suggest that Kentucky courts would treat genetic test results from an out-of-state testing facility any differently from those of an in-state facility. However, SSA must weigh the DNA test results with the other evidence available to determine whether clear and convincing evidence exists to show that Claimant is NH’s child. There is no available information contradicting these statements.

The State of Indiana obtained DNA testing of Claimant, Shannon, Claimant’s alleged half-sister, Vanessa, and Vanessa’s mother, Alice . Reading these provisions together, we believe section 404.355(b)(2) requires SSA to apply the substantive standards that a Kentucky court would apply to determine paternity for purposes of intestate succession in a case that was properly before the trial court.The Social Security Administration (SSA) awarded CIB to Claimant beginning March 2012. Claimant’s birth certificate and a hospital record of birth do not list her father. , POMS PR 01115.020(A) (PR 10-112); PR 01115.020(B) (PR 09-048); PR 01010.020(B) (PR 12-060); PR 01010.020(C) (PR 11-016).A family history page also does not indicate the name of Claimant’s father. However, we believe these opinions are distinguishable.The field office determined that the Claimant was the NH’s daughter based on the clear and convincing evidence standard but denied retroactivity of benefits under the policy conferring that inheritance rights generally has effect only from the date of such act/event. 2006) (considering DNA testing showing 99.945% probability of paternity but noting that paternity was not established until the widow stipulated to that fact and that DNA was merely proof in support of an allegation, but did not conclusively prove paternity); Social Security Ruling 06-02p, 2006 WL 1609671, at *2-3 (SSA will determine whether the evidence relating to a claimant’s relationship to a known child of a number holder, including DNA testing showing a high probability of siblingship and any other evidence of such relationship, establishes that the claimant is the number holder’s child under applicable state law).For retroactivity of benefits, the Kentucky Supreme Court has held that it is beyond dispute that a child born out of wedlock has exactly the same rights to inherit as does a legitimate child. We believe a Kentucky court would find the evidence presented sufficient to establish NH’s paternity of Claimant given the facts of previous cases. The witnesses in that case provided uncontradicted testimony of a relationship between the child’s mother and decedent consistent with paternity, that the mother and decedent expected that the mother was pregnant, the decedent informed witnesses that he was the expectant father, and that the couple planned to be married before decedent died unexpectedly.On December 29, 2008, this testing revealed a 99.98 percent probability that Claimant and Vanessa share the same biological father. Section 404.355(b)(2) also states that “[i]f applicable State inheritance law requires a court determination of paternity, we will not require that you obtain such a determination but will decide your paternity using the standard of proof that the State court would use as the basis for a determination of paternity.” The Preamble to the Federal Register entry explains that “[w]e believe that the requirement of section 216(h)(2)(A) of the Act to apply State law will be satisfied if we apply the same substantive standard as a State court would apply to determine paternity.” 63 Fed. That is, SSA would not apply any time limitation set forth in Kentucky inheritance law that might bar consideration of the child’s claim, but would apply the substantive standards a Kentucky court would use to determine paternity.