20 CFR § 222.34 - Relationship resulting from equitable adoption.

---
identifier: "/us/cfr/t20/s222.34"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 222.34 - Relationship resulting from equitable adoption."
title_number: 20
title_name: "Employees' Benefits"
section_number: "222.34"
section_name: "Relationship resulting from equitable adoption."
chapter_name: "RAILROAD RETIREMENT BOARD"
subchapter_number: "B"
subchapter_name: "REGULATIONS UNDER THE RAILROAD RETIREMENT ACT"
part_number: "222"
part_name: "FAMILY RELATIONSHIPS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "45 U.S.C. 231f."
regulatory_source: "54 FR 42949, Oct. 19, 1989, unless otherwise noted."
cfr_part: "222"
---


# 222.34 Relationship resulting from equitable adoption.

In many States, where a legal adoption proceeding was defective under State law or where a contemplated legal adoption was not completed, a claimant may be considered to be an equitably adopted child. A claimant will have the relationship of an equitably adopted child for annuity and lump-sum payment purposes if, in addition to meeting the other requirements of this part—

(a) The employee had agreed to adopt the claimant; and

(b) The natural parents or the person legally responsible for the care of the claimant agreed to the adoption; and

(c) The employee and the claimant lived together as parent and child; and

(d) The agreement to adopt is recognized under applicable State law such that, if the employee were to die without leaving a will, the claimant could inherit a share of the employee's personal estate as the child of the employee.