--- title: "Part VII, Subpart i, Chapter 3, Section A Establishing a Child’s Age and Relationship" document: "M-21-1" section: "Part VII, Subpart i, Chapter 3, Section A" canonical: "https://veteranai.co/va-regulations/m21-1/vii.i.3.a-establishing-a-childs-age-and-relationship" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000176623/M21-1-Part-VII-Subpart-i-Chapter-3-Section-A-Establishing-a-Childs-Age-and-Relationship" updated: "2026-09-06T14:37:06.759969Z" --- May 17, 2016 ### VII.i.3.A.1.a. Definition: Child The term **_child_** is defined in [38 CFR 3.57](). It includes the following: * the biological offspring of a Veteran, whether legitimate or illegitimate * a child a Veteran legally adopted * before the child’s 18th birthday, or * (except as noted in [M21-1, Part VII, Subpart i, 3.B.4.c]()) while the child was between the ages of 18 and 23, _if_ the child meets the school attendance criteria described in M21-1, Part VII, Subpart i, 3.A and [B](), or * a stepchild who * is a member of the Veteran’s household and acquired the status of stepchild before age 18, or * became a stepchild of the Veteran between the ages of 18 and 23, is attending school, and is a member of the Veteran’s household or was a member at the time of the Veteran’s death. **References:** For more information on * establishing a biological child, adopted child, or stepchild as a Veteran’s child see [M21-1, Part VII, Subpart i, 3.B]() * the definition of stepchild, see [M21-1, Part VII, Subpart i, 3.B.6.a]() * children born to a same-sex spouse of a Veteran during the course of their marriage, see [M21-1, Part VII, Subpart i, 3.B.6.b](), and * a surviving spouse’s adoption of a child after the Veteran’s death, see [M21-1, Part VII, Subpart i, 3.B.3.a](). ### VII.i.3.A.1.b. Age Requirement for a Child In order to be considered a child for Department of Veterans Affairs (VA) purposes, the individual must * be under age 18 * have become permanently incapable of self-support before attaining age 18, or * be between the ages of 18 and 23, pursuing a course of instruction at an approved educational institution, and * a legitimate child * a legally adopted child, or * a stepchild who is a member of the Veteran’s household or was a member at the time of the Veteran’s death. **Note:** A stepchild must meet the definition of a child, as set forth in [38 CFR 3.57](), before VA may consider the stepchild a child who is incapable of self-support. **References:** For more information on * a child who is permanently incapable of self-support, see [M21-1, Part X, Subpart ii, 6.B](), and * a child attending school who was adopted by the Veteran between the ages of 18 and 23, see [38 CFR 3.57 (a)(2)](). ### VII.i.3.A.1.c. Marital Status Requirement for a Child For the purpose of determining entitlement to additional compensation or pension, an individual **_must_** be unmarried in order to be considered a child. **Example:** If a Veteran’s 16-year-old child is married, the Veteran is _**not**_ entitled to additional benefits for the child. **Note:** Under [38 CFR 3.55](), the marriage of a child is **_not_** a bar to benefits if the marriage was void or declared annulled by a court of competent jurisdiction. **Reference:** For more information on the marital status requirement for a child, see [38 CFR 3.57(a)(1)](). ## 2. Eligibility Requirements for a Child This topic contains information on eligibility requirements for a child, including * circumstances under which VA may pay additional benefits for a child * additional benefits for a child not living with the claimant, and * effect of a child’s entry into active duty. March 4, 2021 ### VII.i.3.A.2.a. Circumstances Under Which VA May Pay Additional Benefits for a Child VA may pay additional benefits for a child if the * Veteran is entitled to pension * Veteran has a single service-connected (SC) disability or multiple SC disabilities that is/are rated (individually or combined) at least 30-percent disabling, or * child is in the custody of the surviving spouse of a deceased Veteran. **Note:** In some instances, VA pays survivors benefits directly to the child of a deceased Veteran. ### VII.i.3.A.2.b. Additional Benefits for a Child Not Living With the Claimant If a child is not living with a claimant, the claimant must provide the name and address (physical or mailing) of the person with whom the child resides. Follow the instructions in the table below when a claimant fails to provide this information with his/her claim. | **If the claimant filed his/her claim using a …** | **Then …** September 2018 or later version of [_VA Form 21-686c, Application Request to Add and/or Remove Dependents_]() | deny the claim without undertaking development to obtain the missing information. form other than a September 2018 or later version of _VA Form 21-686c_ | undertake development to obtain the missing information by letter if attempts to obtain the information by telephone are unsuccessful. **Important:** * If a Veteran certifies the whereabouts of a child are unknown, recognize the child as a dependent as long as the Veteran furnishes current evidence showing child support payments are being made through a court or state agency. * Do not recognize as a surviving spouse’s dependent a child that is not in the surviving spouse’s custody, even if the surviving spouse is providing financial support. **References:** For more information on * prescribed forms for submitting a claim, see [M21-1, Part II, Subpart iii, 1.A.1.a]() * the policy expressed in the first row of the table in this block, see [M21-1, Part VII, Subpart i, 1.A.4](), and * documenting attempts to obtain information from a claimant by telephone, see [M21-1, Part III, Subpart i, 2.D.1.e](). ### VII.i.3.A.2.c. Effect of a Child’s Entry Into Active Duty An individual’s entry into active duty in the armed forces has no effect on the individual’s status as a child for VA purposes **_if_** all other requirements are met. **Note:** In [VAOPGCPREC 61-1990](), the Office of General Counsel held that an established stepchild’s entry into active duty in the armed forces does **_not_** deprive him/her of continued status as a member of the Veteran’s household. ## 3. Establishing Age and Relationship This topic contains information on establishing a child’s age and his/her relationship to the Veteran, including * information a claimant must provide to VA * circumstances under which documentary evidence is required * references for evidence requirements, and * administrative decisions made by other agencies. May 24, 2017 ### VII.i.3.A.3.a. Information a Claimant Must Provide to VA Before VA may pay benefits to or for a child, a claimant must provide VA with the child’s * name * Social Security number (SSN), if one has been assigned * date of birth (month, day and year) * birthplace (city and State, county and State, or (if the birth took place in a foreign country) city and country), and * relationship to the Veteran. Additional information, as described in M21-1, Part VII, Subpart i, 3.A.2.b, is required if the child does not reside with the claimant. **Notes:** * VA does not require a claimant to provide the State in which a birth took place if the city of birth, such as Chicago, is well-known. * When a claimant states he/she has applied for an SSN for a child, send a development letter to the claimant that asks him/her to provide the child’s SSN to VA within 30 days from the date of the letter. ### VII.i.3.A.3.b. Circumstances Under Which Documentary Evidence Is Required In **_most_ **cases, VA accepts the oral or written statement of a claimant as proof of a child’s age and relationship to a Veteran, without requiring the claimant to provide a birth certificate, as long as the statement includes the information described in M21-1, Part VII, Subpart i, 3.A.3.a. Documentary evidence of a child’s age and relationship to the Veteran is required if * the Veteran adopted the child, or * at least one of the conditions described in [38 CFR 3.204(a)(2)]() exist: * the _claimant_ does not reside within a State * the _claimant’s_ statement on its face raises a question of its validity, or * there is a reasonable indication of fraud or misrepresentation. **Important:** * Claims processors may concede the status of a surviving child if the child was a dependent on the Veteran’s compensation or pension award at the time of the Veteran’s death. * Before delaying a decision on a claim for Dependency and Indemnity Compensation or Survivors Pension by undertaking development to establish a child’s relationship to a Veteran, make sure the evidence/information required to establish the relationship is not already of record. * A **_State_** , as defined in [38 CFR 3.1(i)](), includes the * District of Columbia * Puerto Rico, and * other territories and possessions of the U.S. * Assume the claimant resides within a State when a claimant identifies a U.S. city as his/her home of record even if the mailing address is an Army Post Office or Fleet Post Office address. **Reference:** For more information on requesting evidence from a claimant, see [M21-1, Part III, Subpart i, 2.D](). ### VII.i.3.A.3.c. References for Evidence Requirements Use the references in the table below if documentary evidence of age and/or relationship is required under M21-1, Part VII, Subpart i, 3.A.3.b. | **For more information on documentary evidence to establish …** | **See …** the age of a child | M21-1, Part VII, Subpart i, 3.A.4. a child’s relationship to a female Veteran | [M21-1, Part VII, Subpart i, 3.B.1.b](). a child’s relationship to a male Veteran | [M21-1, Part VII, Subpart i, 3.B.1.c and d](). an adopted child’s relationship to a Veteran | [M21-1, Part VII, Subpart i, 3.B.2-4](). a stepchild’s relationship to a Veteran | [M21-1, Part VII, Subpart i, 3.B.6](). ### VII.i.3.A.3.d. Administrative Decisions Made by Other Agencies Administrative decisions concerning a child’s age or relationship made by another government agency, such as the Social Security Administration, must be considered but are not binding on VA when determining entitlement to VA benefits. ## 4. Documentary Evidence of a Child’s Age This topic contains information about the documentary evidence that may be required to establish a child’s age, including * primary documentary evidence of age * secondary documentary evidence of age * examples of acceptable secondary evidence, and * information affidavits or certified statements must contain. March 21, 2016 ### VII.i.3.A.4.a. Primary Documentary Evidence of Age A copy or abstract of the public record of birth is considered primary documentary evidence of a child’s age. **Important:** * A birth certificate created more than four years after the date of birth is acceptable as primary evidence _only_ if it is consistent with other evidence of record. * A birth certificate issued by a hospital is acceptable only as _secondary_ evidence under M21-1, Part VII, Subpart i, 3.A.4.b and c. ### VII.i.3.A.4.b. Secondary Documentary Evidence of Age If a copy of a birth certificate is not available, a claimant may submit secondary documentary evidence of a child’s age. At a minimum, this evidence must show the child’s * name * date of birth * place of birth, and * mother’s name. ### VII.i.3.A.4.c. Examples of Acceptable Secondary Evidence The table below shows examples of * secondary evidence, in order of preference, and * the conditions under which VA will accept such evidence as proof of a child’s age. | **Type of Secondary Evidence** | **Conditions for Acceptance** A copy of a church record of baptism. | If the baptism was performed more than four years after the birth, the baptismal certificate is acceptable **_only_** if it is * consistent with other evidence of record, and * corroborated by at least one reference to age or relationship made at a time when such reference was not essential to establishing entitlement to the benefit claimed. An official report from the service department regarding a birth that occurred while the Veteran was in service. | Valid without conditions. An affidavit or certified statement of the physician or midwife in attendance at the birth. | Valid without conditions. A copy of the family Bible or other family record certified by a notary public or other officer with authority to administer oaths. | The notary or other officer must state * the year in which the Bible or other record was printed * whether or not the record bears any erasures or other marks of alteration, and * if, from the appearance of the writing, he/she believes the entries to be authentic. Affidavits or certified statements of two or more disinterested persons. | See M21-1, Part VII, Subpart i, 3.A.4.d. Other evidence that is adequate to establish the facts at issue, such as * census records * original baptismal records * hospital records * insurance policies * school records * employment records, or * immigration/naturalization records. | The authorization activity determines if the evidence is adequate to establish the facts at issue. _**Important**_ : When requesting an original baptismal record from a claimant, * inform the claimant that VA is unable to return the record, and * encourage the claimant to submit a certified copy instead of the original. ### VII.i.3.A.4.d. Information Affidavits or Certified Statements Must Contain Affidavits or certified statements of two or more disinterested persons regarding the age of a child must contain the following information: * name and address of the affiant * affiant’s date of birth * description of the affiant's relationship to the child (if any) * name of the child whose date of birth is at issue * date and place of the child's birth * names of both of the child's parents, and * source of the affiant’s knowledge.