Ask Larry

Is There A Chance That My Children Could Draw Social Security Even Though They're Illegitimate Children?

My children’s father passed away last month. He was a veteran. He died in the US. We are currently residing in the Philippines now. A VA representative told me that my children might be eligible for Social security benefits if they are under their father’s dependent. but their father has multiple minor children. My children are both minors by the way. Is there a chance that they could draw social security benefits regardless if they are illegitimate children? Thank you

Hi. Yes, children can potentially qualify for survivor benefits on the record of a natural parent even if they were born out of wedlock. Proof of paternity is required, though, which can be something like a written acknowledgement from the father or a DNA test.

Your children would likely need to be U.S. citizens to able to collect benefits while in the Philippines, unless a) their father died while on active duty or from a service connected injury or illness, or b) they lived with their father in the U.S. for at least 5 years.

To apply for benefits on behalf of your children, if you're unable to contact a U.S. Social Security office directly you should be able to apply by contacting the U.S. Embassy in Manilla. For more information, refer to the following Social Security website:

Best, Jerry

Jun 29 2021 - 9:15am
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