28 C.F.R. § 32.14   Determination of relationship of parent.


Title 28 - Judicial Administration


Title 28: Judicial Administration
PART 32—PUBLIC SAFETY OFFICERS' DEATH AND DISABILITY BENEFITS
Subpart A—Death and Disability Benefits
Beneficiaries

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§ 32.14   Determination of relationship of parent.

(a) In general. A claimant is the parent of a public safety officer if the officer's birth certificate shows the claimant as the officer's parent.

(b) Alternative. If the birth certificate does not show the claimant as the officer's parent, proof of the relationship may be shown by—

(1) An acknowledgement in writing signed by the claimant before the officer's death; or

(2) Evidence that the claimant has been identified as the officer's parent by judicial decree ordering the claimant to contribute to the officer's support or for other purposes; or

(3) Any other evidence which reasonably supports a finding of a parent-child relationship, such as:

(i) A certified copy of the public record of birth or a religious record showing that the claimant was the informant and was named as the parent of the officer; or

(ii) Affidavits or sworn statements of persons who know the claimant had accepted the officer as the claimant's child; or

(iii) Information obtained from a public agency or public records, such as school or welfare agencies, which shows that with the officer's knowledge the claimant had been named as the parent of the child.

(c) Adoptive parent. Except as provided in paragraph (b) of this section, evidence of relationship must be shown by a certified copy of the decree of adoption and such other evidence as may be necessary. In jurisdictions where petition must be made to the court for release of adoption documents or information, or where release of such documents or information is prohibited, a revised birth certificate showing the claimant as the officer's parent will suffice.

(d) Step-parent. The relationship of a step-parent to the deceased officer shall be demonstrated by—

(1)(i) Evidence of the officer's birth to the spouse of the step-parent as required by §32.13 (a) and (b); or

(ii) If adopted by the spouse or the step-parent, proof of adoption as required by §32.13(c); or

(iii) Other evidence, such as that specified in paragraph (b) of this section, which reasonably supports a parent-child relationship between the spouse and the officer; and

(2) Evidence of the marriage of the spouse and the step-parent, as required by §32.12.

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