Part VII, Subpart i, Chapter 3, Section BBiological Children, Adopted Children, and Stepchildren

Revised December 7, 2020

VII.i.3.B.1.a#Determining Whether Additional Evidence/ Information Is Necessary

The Department of Veterans Affairs (VA) accepts as credible, for the purpose of establishing that a Veteran is the biological parent of a child, the entries a claimant makes on an application to add a child to an award. Accordingly, the evidence/information described in the remaining blocks of this topic are required only if one or more of the following conditions (as 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.

References: For more information on

• handling a claim to add a child to an award, see M21-1, Part VII, Subpart i, 1.A.4, and
• accepting entries a claimant makes on VA Form 21-686c , Application Request to Add and/or Remove Dependents, as proof of an event, see M21-1, Part VII, Subpart i, 1.A.2.b.

VII.i.3.B.1.b#Recognizing the Biological Child of a Female Veteran

Evidence adequate to establish a child’s age, as outlined in M21-1, Part VII, Subpart i, 3.A.4, is also adequate to establish the biological child of a female Veteran as the Veteran’s child for VA purposes.

VII.i.3.B.1.c#Recognizing the Biological Child of a Male Veteran Who Is Married to the Child’s Biological Mother

Evidence adequate to establish a child’s age, as outlined in M21-1, Part VII, Subpart i, 3.A.4, is also adequate to establish the biological child of a male Veteran as the Veteran’s child for VA purposes if

• the Veteran was married to the child’s mother at the time of the child’s birth, and
• there is no reason to believe the Veteran is not the child’s biological father.

Note: If the evidence of record suggests the Veteran might not be the child’s biological father, fully develop the facts of the case before making a determination as to whether the Veteran is the child’s father.

VII.i.3.B.1.d#Recognizing the Biological Child of a Male Veteran Who Is Not Married to the Child’s Biological Mother

When the provisions of 38 CFR 3.204(a)(2) apply, VA requires the following to establish a child as the biological child of a Veteran, if the Veteran was not married to the child’s biological mother when the child was born:

• evidence that establishes the child’s birth and age, as outlined in M21-1, Part VII, Subpart i, 3.A.4, and
• a formal acknowledgment by the Veteran that he fathered the child.

If the Veteran does not submit the acknowledgment referenced above, or if there is reason to question its validity, accept the following in lieu of the acknowledgment:

• evidence showing the Veteran has been identified as the child’s father by judicial decree ordering him to contribute to the child’s support or for other purposes, or
• any other secondary evidence that identifies the Veteran as the child’s father, such as
  • a church record of baptism showing the Veteran was the informant and was named as the father of the child
  • certified statements of disinterested persons who attest the Veteran accepted the child as his, or
  • information obtained from a service department, or public records such as those maintained by school or welfare agencies, showing the Veteran, with his knowledge, was identified as the father of the child.

Notes:

• Use the telephone or a locally generated letter to request the
  • formal acknowledgement referenced in this block, or
  • other evidence VA may use to establish the parental relationship.
• An oral statement from the Veteran, a written statement that the Veteran signed, or a completed VA Form 21-686c that the Veteran signed, satisfies the requirement for the formal acknowledgment referenced in this block.
• Encourage claimants to email or upload (through a VA claims submission service website) any documentary evidence that supports the claim.

Reference: For more information on documenting telephone contact with a claimant, see M21-1, Part III, Subpart i, 2.D.1.e and f.

VII.i.3.B.1.e#Using DNA Tests to Establish a Biological Relationship

VA may consider the results of a deoxyribonucleic acid (DNA) test when determining whether a Veteran is the biological parent of a child. Important: VA may not require a claimant to submit to a DNA test. Reference: For more information on using DNA tests for the purpose described in this block, see McDowell v. Shinseki, 23 Vet.App. 207, 214 (2009).

2Establishing an Adopted Child as a Veteran’s Child for VA Purposes

This topic contains information about establishing an adopted child as a Veteran’s child for VA purposes, including

• evidence required to establish the adoption of a child
• definition of
  • interlocutory adoption, and
  • adoptive placement agreement
• effective date of entitlement to benefits for an adopted child
• effect of court decrees on VA's recognition of an adopted child as a Veteran's child
• effective date for removing an adopted child from an award
• effect of a revised birth certificate
• inaccessible adoption records, and
• administrative decisions regarding the adoption of a child.

Revised July 13, 2026

VII.i.3.B.2.a#Evidence Required to Establish the Adoption of a Child

VA requires a copy of one of the following documents to establish the adoption of a child by a Veteran:

• decree of adoption, or
• adoptive placement agreement.

Important: Oral or written certification of a child’s adoption, alone, is not sufficient to establish the child’s relationship to the adoptive parent.Exception : In the circumstances discussed in M21-1, Part VII, Subpart i, 3.B.2.g, a revised birth certificate may be utilized to establish the Veteran’s adoption of the child. Reference: For information on the evidence required to establish an adopted child’s age, see M21-1, Part VII, Subpart i, 3.A.4.

VII.i.3.B.2.b#Definition: Interlocutory Adoption

An interlocutory decree of adoption is a decree of adoption that is not final until some

• future point in time, or
• future events take place.

VII.i.3.B.2.c#Definition: Adoptive Placement Agreement

An adoptive placement agreement is an agreement between adoptive parents and an agency authorized by law to arrange adoptions. The purpose of the agreement is to give adoptive parents custody of a child pending final adoption.

VII.i.3.B.2.d#Effective Date of Entitlement to Benefits for an Adopted Child

According to 38 CFR 3.403(a)(5), the effective date of a claimant’s entitlement to benefits for an adopted child is the date of the earliest of the following, provided the claimant notifies VA within one year of that date:

• final adoption
• interlocutory decree of adoption
• adoptive placement agreement, or
• other legal action through an authorized agency in which the claimant acquires custody of the child pending final adoption.

Important:

• Do not award increased benefits for an adopted child from an effective date that is prior to the first of the month following the month entitlement begins, per 38 CFR 3.31.
• VA may pay benefits for an adopted child based on an interlocutory decree of adoption, adoptive placement agreement, or other legal action for only as long as the child remains in the actual custody of the adoptive parent(s). (If VA is paying benefits for a child under these circumstances, and the child leaves the custody of the adoptive parent(s), follow the instructions in M21-1, Part VII, Subpart i, 3.B.2.f).

Reference: For more information on establishing an adopted child as a Veteran’s child for VA purposes, see 38 CFR 3.57(c).

VII.i.3.B.2.e#Effect of Court Decrees on VA’s Recognition of an Adopted Child as a Veteran’s Child

A court decree that terminates parental rights and places a child in the custody of (a) prospective adoptive parent(s) does not form the basis for recognizing an adopted child as a Veteran’s child for VA purposes, unless one of the following exists or has taken place:

• adoptive placement agreement
• interlocutory decree of adoption, or
• other legal action in which the claimant acquires custody of the child pending final adoption.

Note: If there is a question as to the effect of a court decree or order, request an opinion from District Counsel. Reference: For information on requesting an opinion from District Counsel, see M21-1, Part VII, Subpart i, 1.A.3.e.

VII.i.3.B.2.f#Effective Date for Removing an Adopted Child From an Award

If VA is paying benefits to or for a child based on an interlocutory decree of adoption, adoptive placement agreement, or other legal action, and the child leaves the custody of the adopting parent(s), or the court does not grant final approval of the adoption, 38 CFR 3.503(a)(10) requires VA to discontinue benefits payable to or for the child effective the date of the earliest of the following events:

• child leaves the custody of the adopting parent(s)
• rescission or termination of the interlocutory decree of adoption or adoptive placement agreement, or
• discontinuation of any other legal pre-adoption placement agreement.

Important: The date of the earliest of the events described above represents the last date benefits are payable to or for the child. For award-processing purposes, the day after the event represents the first date of non-payment or reduced payment.

VII.i.3.B.2.g#Effect of a Revised Birth Certificate

Accept a copy of a revised birth certificate showing the Veteran as the parent of an adopted child to establish the child as the Veteran’s for VA purposes. If the revised birth certificate is the only evidence of record of the adoption,

• grant entitlement to benefits for the adopted child no earlier than the date VA received the revised birth certificate, and
• advise the claimant that VA may grant entitlement from an earlier date, subject to 38 CFR 3.401(b), if the claimant completes and returns VA Form 20-0995, Decision Review Request: Supplemental Claim, with a copy of the
  • decree of adoption, or
  • adoptive placement agreement.

Rationale: A revised birth certificate does not show when an adoption took place, which is information VA needs to determine the proper date of entitlement to benefits for the adopted child.Exception: If the Veteran responds within one year of a rating decision notice referenced in M21-1, Part VII, Subpart i, 1.C.1.e, and the date of issuance on the revised birth certificate is earlier than the corresponding rating decision effective date, grant entitlement to benefits for the adopted child effective the date assigned in the corresponding rating decision.Reference: For more information on determining the effective date to add a dependent when a claimant responds to a rating decision notice, see M21-1, Part VII, Subpart i, 1. C.2.d and e.

VII.i.3.B.2.h#Inaccessible Adoption Records

Do not require a claimant to furnish a final decree of adoption if the decree

• is not subject to routine release by the custodian of the record, or
• may only be obtained by petitioning the court.

Under these circumstances, a claimant must submit the following to establish an adopted child as the Veteran’s child for VA purposes

• a copy of the revised birth certificate, and
• certified statements of at least two disinterested persons who have personal knowledge of the adoption.

Notes:

• If available, obtain statements of the officials involved in the adoption.
• If the alternative evidence is not available or is deemed inconclusive, request an examination of the final decree of adoption by a field examiner.

VII.i.3.B.2.i#Administrative Decisions Regarding the Adoption of a Child

Use the table below to identify the circumstances under which an administrative decision is required when determining whether an adopted child is a Veteran’s child for VA purposes.

3Surviving Spouse’s Adoption of a Child After the Veteran’s Death

Revised April 9, 2013

VII.i.3.B.3.a#Surviving Spouse’s Adoption of a Child After the Veteran’s Death

If a Veteran’s surviving spouse adopts a child after the Veteran’s death, establish the adopted child as the Veteran’s child for VA purposes only if the

• claimant submits a decree of adoption showing the surviving spouse adopted the child within two years after the date of the Veteran’s death
• adoptive parent or child’s custodian submits a statement indicating the
  • child was living in the Veteran’s household at the time of the Veteran’s death, and
  • Veteran or the Veteran’s spouse provided the majority of the child’s support from the time the child became a member of the Veteran’s household until the date of the decree of adoption, and
• statement does not conflict with other evidence of record.

Reference: For more information on adoptions occurring after a Veteran’s death, see

• 38 CFR 3.57(c), and
• 38 CFR 3.210(c)(2).

4Adoption in a Foreign Jurisdiction

This topic contains information on adoptions in a foreign jurisdiction, including

• special rules for foreign adoptions
• definition of foreign jurisdiction
• children living in and adopted under the laws of a foreign jurisdiction
• foreign adoption of a child by a surviving spouse, and
• required
  • documentary evidence in foreign adoption cases, and
  • follow-up on foreign adoption cases.

Revised December 7, 2020

VII.i.3.B.4.a#Special Rules for Foreign Adoptions

In addition to other requirements outlined in this section, special rules apply to the establishment of an adopted child as a Veteran’s child for VA purposes if the adoption took place under the laws of a foreign jurisdiction. Reference: For more information on VA’s recognition of an adoption in a foreign jurisdiction, see 38 CFR 3.57(e).

VII.i.3.B.4.b#Definition: Foreign Jurisdiction

The term foreign jurisdiction refers to any geographic area other than that of the

• states, territories, and possessions of the U.S.A.
• District of Columbia
• Commonwealth of Puerto Rico, and
• Commonwealth of the Northern Mariana Islands.

VII.i.3.B.4.c#Children Living in and Adopted Under the Laws of a Foreign Jurisdiction

If a Veteran adopts a child under the laws of a foreign jurisdiction, and the child continues to live in a foreign jurisdiction , recognize the child as the Veteran’s child for VA purposes only if all of the requirements below are met:

• documentary evidence described in M21-1, Part VII, Subpart i, 3.B.4.e is of record
• child was under age 18 at the time of adoption
• Veteran is providing at least half of the child’s support
• child is not in the custody of a biological parent (unless the biological parent is the Veteran’s spouse), and
• child is residing with
  • the Veteran, or
  • (in the case of termination of marriage following the adoption) the Veteran’s former spouse, who is also the child’s adoptive or biological parent.

Example: A child that a Filipino Veteran adopted in the Philippines, who continues to live with the Veteran in the Philippines, is an example of a child who

• was adopted under the laws of a foreign jurisdiction, and
• continues to live in a foreign jurisdiction.

Note: The requirement that the child reside with the Veteran does not apply to periods during which the child and Veteran live apart because the

• child is attending school, or
• child or Veteran is confined to a health care facility or other institution.

Reference: For more information on handling cases involving children who live in and were adopted under the laws of a foreign jurisdiction, see 38 CFR 3.57(e)(2).

VII.i.3.B.4.d#Foreign Adoption of a Child by a Surviving Spouse

If a Veteran’s surviving spouse adopts a child under the laws of a foreign jurisdiction after the Veteran’s death, recognize the adopted child as the Veteran’s child for VA purposes only if the documentary evidence described in M21-1, Part VII, Subpart i, 3.B.4.e is of record and one of the following requirements is met:

• the Veteran was entitled to and was receiving VA benefits for the child at any time within the one-year period immediately preceding the Veteran’s death, or
• the child was under age 18 at the time of adoption and , for a period of at least one year prior to the Veteran’s death , the
  • Veteran provided at least half of the child’s support
  • child was not in the custody of a biological parent (unless the biological parent was the Veteran’s spouse), and
  • child resided with
    • the Veteran, or
    • (in the case of termination of marriage following the adoption) the Veteran’s former spouse, who is also the child’s adoptive or biological parent.

Note: The requirement that the child reside with the Veteran does not apply to periods during which the child and Veteran lived apart because the

• child was attending school, or
• child or Veteran was confined to a health care facility or other institution.

VII.i.3.B.4.e#Required Documentary Evidence in Foreign Adoption Cases

Before VA may establish a child adopted under the laws of a foreign jurisdiction as a Veteran’s child for VA purposes, evidence meeting the requirements outlined in this section must be of record along with a

• decree of adoption, and
• birth certificate.

If the required evidence is not of record, request it from the claimant and allow 30 days for a response. If the claimant’s response raises doubt as to the validity of the decree of adoption or any factual issue, request a field examination by VA or a State Department representative.Important: Do not establish a child adopted under the laws of a foreign jurisdiction as a Veteran’s child for VA purposes based on

• an amended birth certificate alone, or
• a combination of a
  • birth certificate, and
  • adoptive placement agreement.

VII.i.3.B.4.f#Required Follow-Up on Foreign Adoption Cases

After awarding benefits to a Veteran for a child adopted under the laws of a foreign jurisdiction, follow the steps in the table below to follow-up on the child’s status.

References: For more information on

• issuing notice of a proposed adverse action, see M21-1, Part X, Subpart ii, 3.A
• notifying Veterans of an action VA has taken, see M21-1, Part VI, Subpart i, 1.B, and
• VA’s authority to certify a Veteran’s continued entitlement to benefits for an adopted child, see

  • 38 CFR 3.57(e)(4), and

  • 38 CFR 3.652.

5Instructions for Handling Cases in Which a Veteran Gives Up Their Child for Adoption

This topic contains information about handling cases in which a Veteran gives up their child for adoption, including

• effect of the adoption of a Veteran’s child on
  • an award of
    • disability compensation, and
    • Veterans Pension, and
  • the child’s eligibility for VA benefits, and
• actions to take when denying a claim or reducing benefits because a Veteran gave up their child for adoption.

Revised July 13, 2026

VII.i.3.B.5.a#Effect of the Adoption of a Veteran’s Child on an Award of Disability Compensation

Effective September 14, 2015, and in accordance with 38 CFR 3.58(b), VA may no longer pay additional disability compensation to a Veteran for a child the Veteran gives up for adoption.Follow the instructions in M21-1, Part VII, Subpart i, 3.B.5.d and the table below when removing from a Veteran’s award a child that the Veteran has given up for adoption.

Important: For the purposes of this topic, the term adoption means the Veteran’s legal parental relationship to the child has been legally severed, whether voluntarily or involuntarily, and does not imply that the child has been adopted by another party.

Notes:

• 38 CFR 3.58 references “[a] child of a Veteran adopted out of the family of the Veteran.” It is important to understand that even if another member of the Veteran’s family adopts the Veteran’s child, by giving up the child for adoption, the Veteran
  • has severed legal, parental relationship to the child, and
  • is no longer entitled to the additional rate of compensation for the child (unless the child can be recognized under a provision of 38 CFR 3.57, other than as the Veteran’s biological child).
• The forms VA requires Veterans to submit in order to claim additional compensation for a child do not ask the Veteran to indicate whether a child has been given up for adoption. Nevertheless, upon receipt of a claim for additional compensation for a child, do not undertake development to confirm the child’s status unless there is reason to believe the Veteran might have given up the child for adoption.

VII.i.3.B.5.b#Effect of the Adoption of a Veteran’s Child on an Award of Veterans Pension

There is no requirement to discontinue benefits a Veteran in receipt of Veterans Pension receives for a child that the Veteran has given up for adoption. However, 38 CFR 3.57(d) prohibits VA from paying Veterans Pension for such a child if the

• Veteran is not reasonably contributing to the child’s support, and
• adoption divested the Veteran of
  • legal custody of the child, and
  • the accompanying legal right to exercise parental control and responsibility for the child’s care and welfare.

Because laws governing adoptions vary by State, ask District Counsel to decide whether the above conditions exist before determining whether it is appropriate to pay Veterans Pension for a child that a Veteran gave up for adoption.

VII.i.3.B.5.c#Effect of the Adoption of a Veteran’s Child on the Child’s Eligibility for VA Benefits

The adoption of a Veteran’s child does not affect the child’s eligibility for VA benefits in their own right as the child of a Veteran. Such benefits include Dependency and Indemnity Compensation and Dependents’ Educational Assistance, eligibility for which is not dependent on a continuing, legally recognized, parent-child relationship.Reference: For information on a child’s right to VA benefits based on the service of two Veteran-parents (such as a biological Veteran-parent and an adoptive Veteran-parent), see M21-1, Part VII, Subpart i, 3.D.1.

VII.i.3.B.5.d#Actions to Take When Denying a Claim or Reducing Benefits Because a Veteran Gave Up Their Child for Adoption

Follow the instructions in the table below when removing a child from an award of disability compensation, or denying a claim for additional compensation for a child, because the Veteran entitled to disability compensation gave up the child for adoption.

Reference: For more information on taking the actions described in this block, see the VBMS Awards User Guide.

6Award Adjustments Involving Stepchildren

This topic contains information about establishing a stepchild as a Veteran’s child for VA purposes, including

• definition of stepchild
• children born to the same-sex spouse of a Veteran during the course of marriage
• requirement that the stepchild be a member of the Veteran’s household
• overview of the process for establishing a stepchild as a Veteran’s child
• evidence/information required to establish a stepchild as the child of a Veteran
• entitlement of the Veteran's survivors to survivors benefits when separated from the spouse
• termination of a Veteran’s marriage to the stepchild’s parent before VA grants entitlement to benefits
• effect of separation or termination of a Veteran’s marriage on a stepchild’s status
• action to take when a stepchild’s biological or adoptive parent dies or separates from or terminates the marriage with the Veteran
• handling the information a Veteran provides about the status of a stepchild, and
• action to take if a Veteran does not respond to the notice of proposed adverse action.

Revised July 13, 2026

VII.i.3.B.6.a#Definition: Stepchild

According to 38 CFR 3.57(b), the term stepchild refers to the legitimate or illegitimate child of a Veteran’s spouse. It also refers to the child of a surviving spouse whose marriage to a Veteran VA has deemed valid.Exception: Follow the instructions in M21-1, Part VII, Subpart i, 3.B.6.b when a child is born to the same-sex spouse of a Veteran during the course of the marriage.Reference: For more information on deemed-valid marriages, see M21-1, Part VII, Subpart i, 2.D.7.

VII.i.3.B.6.b#Children Born to the Same-Sex Spouse of a Veteran During the Course of Marriage

If a Veteran marries someone of the same sex, and the Veteran’s spouse has a child while married to the Veteran, do not automatically treat the child as the Veteran’s stepchild.

• If the Veteran has legally adopted the child, VA may add the child to the Veteran’s award as an adopted child.
• If the Veteran has not legally adopted the child, ask District Counsel whether VA may add the child to the Veteran’s award as a legitimate child.

Reference: For information on requesting an opinion from District Counsel, see M21-1, Part VII, Subpart i, 1.A.3.e.

VII.i.3.B.6.c#Requirement That the Stepchild Be a Member of the Veteran’s Household

Under 38 CFR 3.57, VA may recognize a stepchild as a Veteran’s child as long as the stepchild is or was a member of the Veteran’s household and met this requirement

• before reaching age 18, or
• between the age of 18 and 23 while enrolled in and attending school.

If the Veteran is still living, the stepchild must be a member of the Veteran’s household. If the Veteran is deceased, the stepchild must have been a member of the Veteran’s household at the time of the Veteran’s death.Exception: VA considers a stepchild a member of the Veteran’s household if living apart

• for medical reasons, or
• because the Veteran or stepchild is
  • incarcerated
  • attending school, or
  • fulfilling a military service obligation.

Important:

• VA considers a stepchild a member of a Veteran’s household if the stepchild is in the Veteran’s “constructive custody.” A stepchild is in a Veteran’s constructive custody if the child is
  • separated from the Veteran for the reasons stated in the prior paragraph, or
  • receiving (or was receiving at the time of the Veteran’s death) at least half of the support from the Veteran.
• The awarding of legal custody to someone other than the Veteran does not affect the stepchild’s status as a child of the Veteran as long as the child is actually a member of the Veteran’s household.

VII.i.3.B.6.d#Overview of the Process for Establishing a Stepchild as a Veteran’s Child

The table below provides a general overview of the process for establishing a stepchild as a Veteran’s child for VA purposes. The remaining blocks within this topic contain the details for completing this process.

Reference: For more information on establishing a stepchild as a Veteran’s child for VA purposes, see 38 CFR 3.210(d).

VII.i.3.B.6.e#Evidence/ Information Required to Establish a Stepchild as the Child of a Veteran

In order to establish a stepchild as a Veteran’s child, a claimant must complete and submit to VA one of the forms listed in M21-1, Part II, Subpart iii, 1.A.1.a.The table below describes circumstances under which it might be necessary to request additional information/evidence from the claimant.

Exception: Do not ask the claimant to provide the evidence if the form the claimant submitted is a September 2018 or later version of VA Form 21-686c. Failure of the claimant to provide the evidence is grounds for denial of the claim.
Important : If a claimant indicates the inability to provide documentary evidence of a life event (such as a birth certificate), VA has an obligation to assist the claimant in obtaining such evidence by sending a request to the appropriate records custodian.

Notes:

• An administrative decision is required only if the stepchild relationship cannot be established.
• Add a stepchild to a Veteran’s award even if the stepchild’s biological parent has not yet been added to the Veteran’s award as the Veteran's spouse because, for example, the Veteran has not yet provided the biological parent’s Social Security number. It is only the establishment of the marital relationship between the biological parent and the Veteran -- not the adding of the parent to the Veteran’s award -- that is required to add the stepchild to the Veteran’s award.
• Follow the instructions in M21-1, Part VII, Subpart i, 1.A.4.e if a claimant submits one of the forms listed in M21-1, Part II, Subpart iii, 1.A.1.a that is incomplete.
• Request the information/documentation referenced in the table above by telephone before requesting it by letter.

References: For more information on

• the evidence/information VA requires to establish a valid marriage, see
  • M21-1, Part VII, Subpart i, 2.A.1 and 2, and
  • M21-1, Part VII, Subpart i, 2.D.1 (death cases only)
• requesting documentary evidence of a life event from custodians of public records, see M21-1, Part III, Subpart i, 2.A.1.e, and
• requesting evidence/information from a claimant by letter or telephone, see M21-1, Part III, Subpart i, 2.D.1.

VII.i.3.B.6.f#Entitlement of the Veteran’s Survivors to Survivors Benefits When Separated From the Spouse

If a Veteran and spouse are separated prior to the Veteran’s death, and the spouse was not at fault for the separation, the spouse may still be entitled to survivors benefits as the Veteran’s surviving spouse. However, if the surviving spouse is the parent of a child that has no other relationship to the Veteran except, potentially, as a stepchild, VA will not recognize the child as a child of the Veteran unless at the time of death the child was a member of the Veteran’s household, as defined in M21-1, Part VII, Subpart i, 3.B.6.c. Important: If VA determines the child’s parent is entitled to Survivors Pension as the Veteran’s surviving spouse but does not recognize the child as the Veteran’s stepchild, do not consider the

• child as a dependent when determining the surviving spouse’s maximum annual pension rate, or
• child’s income when calculating the surviving spouse’s income for VA purposes.

VII.i.3.B.6.g#Termination of a Veteran’s Marriage to the Stepchild’s Parent Before VA Grants Entitlement to Benefits

If a Veteran terminates the marriage with the parent of the stepchild before VA grants entitlement to compensation or pension, VA may still recognize the stepchild as a child of the Veteran upon completion of the process described in M21-1, Part VII, Subpart i, 3.B.6.d. Important: The child must continue to be a member of the Veteran’s household, as defined in M21-1, Part VII, Subpart i, 3.B.6.c.

VII.i.3.B.6.h#Effect of Separation or Termination of a Veteran’s Marriage on a Stepchild’s Status

A stepchild that VA already recognizes as the child of a Veteran does not automatically lose this status when the Veteran and the stepchild’s biological or adoptive parent separate or terminate the marriage. VA will continue to recognize the stepchild as the Veteran’s child as long as the stepchild remains a member of the Veteran’s household, as defined in M21-1, Part VII, Subpart i, 3.B.6.c. Follow the instructions in M21-1, Part VII, Subpart i, 3.B.6.i following receipt of notice that a Veteran and the biological or adoptive parent of the stepchild have separated or terminated the marriage.

VII.i.3.B.6.i#Action to Take When a Stepchild’s Biological or Adoptive Parent Dies or Separates From or Terminates the Marriage With the Veteran

Follow the steps in the table below following receipt of notice from a Veteran that the

• biological or adoptive parent of the Veteran’s stepchild has died, or
• Veteran and the biological or adoptive parent of the Veteran’s stepchild have
  • separated from one another, or
  • terminated the marriage with one another.

Important: It is not uncommon for individuals to separate from one another _before _terminating the marriage. If a Veteran with a stepchild reports termination of the marriage with the stepchild’s biological or adoptive parent, do not assume the stepchild remained a member of the Veteran’s household until the marriage ended. Unless the Veteran specifically indicates the child was a member of the Veteran’s household until the marriage ended, proceed as if the Veteran did not provide the date the stepchild ceased being a member of the household.

Important: Follow the instructions in

• M21-1, Part III, Subpart i, 2.D.1.e for documenting successful and unsuccessful attempts to contact a beneficiary by telephone, and

• M21-1, Part III, Subpart i, 2.D.1.f for obtaining information from a beneficiary by telephone.

VII.i.3.B.6.j#Handling the Information a Veteran Provides About the Status of a Stepchild

Follow the instructions in the table below for the actions to take based on the information the Veteran provided about the status of a stepchild.

Notes:

• Absent evidence to the contrary, accept as credible any statement regarding the constructive custody of a stepchild that VA receives from the

  • Veteran

  • stepchild’s adoptive or biological parent or custodian, and/or

  • stepchild, if the stepchild has reached the age of majority.

• Follow the instructions in M21-1, Part VI, Subpart i, 1.B when providing the Veteran with notice of a decision and/or award adjustment.

Reference: For more information on the effective date for removing a stepchild from a Veteran’s award, see 38 CFR 3.503(a)(6).

VII.i.3.B.6.k#Action to Take if a Veteran Does Not Respond to the Notice of Proposed Adverse Action

Follow the instructions in the table below if a Veteran does not respond within 65 days to the notice of proposed adverse action referenced in M21-1, Part VII, Subpart i, 3.B.6.i.

If ... · Then ...

• the Veteran’s spouse died or the Veteran and spouse separated from one another, and

• the date of death or separation is known

• remove the stepchild from the Veteran’s award under the pending EP 600 effective

  • the day after the date of the spouse’s death, or
  • the day after the date of separation, and

• follow the instructions in the first row of the table in M21-1, Part VII, Subpart i, 3.B.6.j, for notifying the Veteran of the action taken.

• the Veteran’s spouse died or the Veteran and spouse separated from one another, and

• the date of death or separation is unknown

• remove the stepchild from the Veteran’s award under the pending EP 600 effective the day after the last date the evidence of record shows the stepchild was a member of the Veteran’s household, and

• follow the instructions in the first row of the table in M21-1, Part VII, Subpart i, 3.B.6.j, for notifying the Veteran of the action taken.

the Veteran and spouse terminated the marriage