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  1. #1
    sodazing is offline Junior Member
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    children's survivor benefits and adoption

    What is the name of your state (only U.S. law)? Minnesota

    Hello,

    My husband committed suicide in August 2007, and left behind 3 children. They receive SS survivor benefits. I am getting re-married in September of this year and my soon to be husband would love to adopt the kids.

    Will this cause my children to lose their survivors benefits? Because I don't want that to happen. Their father left them with heartache and emotional problems that we still are dealing with, and probably will for a good long time, and that money helps with the co-pays and therapies for my children. I get nothing from SS.

    Now, I have called the SS office and asked this question, but the person on the phone did not sound real sure of herself and honestly, I don't trust anything that's not in writing like this and I cannot find anything on the SS website.They said it would not cause my children to lose their benefits as their bio dad is still their bio dad.

    I thought with adoption that the name of the father on the birth certificate was changed? So, wouldn't that affect it?

    And, how can I get that in writing from them?

    If nothing else, my kids want their last name changed to my soon-to-be husband's name.

    Thanks
  2. #2
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by sodazing View Post
    What is the name of your state (only U.S. law)? Minnesota

    Hello,

    My husband committed suicide in August 2007, and left behind 3 children. They receive SS survivor benefits. I am getting re-married in September of this year and my soon to be husband would love to adopt the kids.

    Will this cause my children to lose their survivors benefits? Because I don't want that to happen. Their father left them with heartache and emotional problems that we still are dealing with, and probably will for a good long time, and that money helps with the co-pays and therapies for my children. I get nothing from SS.

    Now, I have called the SS office and asked this question, but the person on the phone did not sound real sure of herself and honestly, I don't trust anything that's not in writing like this and I cannot find anything on the SS website.They said it would not cause my children to lose their benefits as their bio dad is still their bio dad.

    I thought with adoption that the name of the father on the birth certificate was changed? So, wouldn't that affect it?

    And, how can I get that in writing from them?

    If nothing else, my kids want their last name changed to my soon-to-be husband's name.

    Thanks
    If you are thinking of Adoption, you should consult with Adoption attorney in your area. S/he will be able to assist you in this manner.
  3. #3
    Silverplum is offline Senior Member
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    Quote Originally Posted by sodazing View Post
    What is the name of your state (only U.S. law)? Minnesota

    Hello,

    My husband committed suicide in August 2007, and left behind 3 children. They receive SS survivor benefits. I am getting re-married in September of this year and my soon to be husband would love to adopt the kids.

    Will this cause my children to lose their survivors benefits? Because I don't want that to happen. Their father left them with heartache and emotional problems that we still are dealing with, and probably will for a good long time, and that money helps with the co-pays and therapies for my children. I get nothing from SS.

    Now, I have called the SS office and asked this question, but the person on the phone did not sound real sure of herself and honestly, I don't trust anything that's not in writing like this and I cannot find anything on the SS website.They said it would not cause my children to lose their benefits as their bio dad is still their bio dad.
    It's right here on their website:
    http://ssa.gov/pubs/10077.html

    If someone adopts a child who is receiving benefits
    When a child who is receiving benefits is adopted, let us know the childís new name, the date of the adoption decree, and the adopting parentís name and address. The adoption will not cause benefits to end.


    Quote Originally Posted by sodazing
    I thought with adoption that the name of the father on the birth certificate was changed? So, wouldn't that affect it?

    And, how can I get that in writing from them?

    If nothing else, my kids want their last name changed to my soon-to-be husband's name.

    Thanks
  4. #4
    sodazing is offline Junior Member
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    OK, I feel really stupid now. I thought I looked all over that SS booklet. Thanks for pointing it out
  5. #5
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by sodazing View Post
    OK, I feel really stupid now. I thought I looked all over that SS booklet. Thanks for pointing it out
    You still need to have an attorney. There are many issues that you will need to address.

    Adoption is not a "do it yourself project".

    Good luck!!

    Blue
  6. #6
    Silverplum is offline Senior Member
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    Quote Originally Posted by sodazing View Post
    OK, I feel really stupid now. I thought I looked all over that SS booklet. Thanks for pointing it out
    You're quite welcome.

    (Don't waste time on "stupid" thoughts. )
  7. #7
    CSO286 is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    You're quite welcome.

    (Don't waste time on "stupid" thoughts. )
    It's not like the government makes things easy to find.....

    No worries.
  8. #8
    lilybird82 is offline Junior Member
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    You don't need an attorney at all for this. I just did it last year. After the adoption was formalized, I just called the SS office and informed them of the adoption and they said "okay" and changed his information. Benefits have kept coming as usual. They did issue a new birth certificate with the adopted father's name on it. And they sent out a new SS card with the name change on it. They also acted like they didn't know the answer when I talked to them, but I finally found someone who confirmed it for me.
  9. #9
    CSO286 is offline Senior Member
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    Quote Originally Posted by lilybird82 View Post
    You don't need an attorney at all for this. I just did it last year. After the adoption was formalized, I just called the SS office and informed them of the adoption and they said "okay" and changed his information. Benefits have kept coming as usual. They did issue a new birth certificate with the adopted father's name on it. And they sent out a new SS card with the name change on it. They also acted like they didn't know the answer when I talked to them, but I finally found someone who confirmed it for me.
    You, hush!
    Did you not read the entire thread?
    OP, You most certainly should use the services of a qualified attorney to assist you in the adoption process. You would not need an attorney, however, to notify social security once the adoption process was complete.


    ETA: Lilybird, Why are you resurrecting old threads? Necroposting is frowned upon.
  10. #10
    lilybird82 is offline Junior Member
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    Well, maybe it is recommended to hire an attorney, but I did it myself. The county office was super helpful and gave me all the necessary information. I just called them when I needed help on forms or had questions. It all went through without a hitch and was pretty straightforward, all in all. I'm sure it took a lot more time that way, though. I can see how most people would prefer to just hire an attorney, I wanted to save money.

    But anyway, she wanted to know if her children would still receive their Survivors Benefits, and I was just letting her know that I am a person whose child still receives his biological father's benefits after adoption by step-parent. If she, the spouse, is receiving her late husband's benefits, those will stop however.
  11. #11
    Proserpina is offline Senior Member
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    Quote Originally Posted by lilybird82 View Post
    Well, maybe it is recommended to hire an attorney, but I did it myself. The county office was super helpful and gave me all the necessary information. I just called them when I needed help on forms or had questions. It all went through without a hitch and was pretty straightforward, all in all. I'm sure it took a lot more time that way, though. I can see how most people would prefer to just hire an attorney, I wanted to save money.

    But anyway, she wanted to know if her children would still receive their Survivors Benefits, and I was just letting her know that I am a person whose child still receives his biological father's benefits after adoption by step-parent. If she, the spouse, is receiving her late husband's benefits, those will stop however.


    And you're also the lady trying to undo the adoption, aren't you?
  12. #12
    lilybird82 is offline Junior Member
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    yep! but that's not going to be this lady's problem. may she be blessed with a happy marriage and family!
  13. #13
    CourtClerk is offline Senior Member
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    Quote Originally Posted by lilybird82 View Post
    You don't need an attorney at all for this. I just did it last year. After the adoption was formalized, I just called the SS office and informed them of the adoption and they said "okay" and changed his information.
    Really? You just called them and told them the kid's been adopted out and they just changed the information, just like that? Funny, my kid didn't even get adopted, I just changed his last name, and they didn't want to hear from me over the phone. They wanted me in their office, with a certified copy of the court order. I wonder how you just got someone to change a social security record over the phone? Must be that magical social security genie.
    They did issue a new birth certificate with the adopted father's name on it.
    The social security office sent out a new birth certificate? Now that's strange, because they don't ISSUE birth certificates...
    And they sent out a new SS card with the name change on it.
    A birth certificate AND a social security card all from the same people? Amazing. The same agencies don't even regulate the two. I'm gonna need you the next time I need to call Social Security - although I probably never will have to since they can't do much for me.
  14. #14
    Ohiogal is offline Senior Member
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    Quote Originally Posted by CourtClerk View Post
    Really? You just called them and told them the kid's been adopted out and they just changed the information, just like that? Funny, my kid didn't even get adopted, I just changed his last name, and they didn't want to hear from me over the phone. They wanted me in their office, with a certified copy of the court order. I wonder how you just got someone to change a social security record over the phone? Must be that magical social security genie.

    The social security office sent out a new birth certificate? Now that's strange, because they don't ISSUE birth certificates...

    A birth certificate AND a social security card all from the same people? Amazing. The same agencies don't even regulate the two. I'm gonna need you the next time I need to call Social Security - although I probably never will have to since they can't do much for me.
    CC, she also had HER BOYFRIEND adopt her son before they were married. Seriously I believe she committed fraud somewhere.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  15. #15
    CourtClerk is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    CC, she also had HER BOYFRIEND adopt her son before they were married. Seriously I believe she committed fraud somewhere.
    Ehhh... I don't care about that. She's going to raise yet another dysfunctional child in this world because she is yet another stunning example of dysfunction and bed hopping. She'll be another person who will raise a child who will teach their child (either by word or example) that fathers aren't necessary.

    The best part? My child is already too good for hers. I don't have to worry about something like this invading my gene pool.

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