Claim Raven explanation
What this means
VA uses different evidence for a biological child, adopted child, or stepchild. The required proof depends on the claimed relationship and the records legally available.
A child adopted by a surviving spouse after the veteran’s death has additional household and support facts under this section. The record can require a statement about membership in the veteran’s household at death and recurring support from other sources.
How this helps your claim
The rule addresses proof of parentage, adoption, and household membership. For paternal relationship where ordinary legitimacy evidence does not resolve the issue, written acknowledgment, a judicial finding, or other reliable secondary evidence can matter. Adoption privacy rules can permit substitute documentation.
What to check in your records
Identify the exact relationship category and gather the records this section ties to that category rather than treating every child relationship the same.
- For a biological relationship, preserve the birth record and any acknowledgment, court order, or public record identifying the veteran as parent.
- For adoption, keep the decree or placement agreement, or the substitute record permitted when the jurisdiction restricts release.
- For a stepchild, document the child’s birth, the veteran’s marriage to the natural parent, and household membership at the relevant time.
Match the evidence to the relationship
Start with a one-line description such as biological child, adopted child, or stepchild. Then list the document establishing each link in that relationship.
If an adoption record is sealed, do not assume the claim cannot be documented. Ask the issuing authority for the permitted substitute and preserve its explanation of what the document establishes.
Can statements from people who knew the family help establish parentage?
They can be part of secondary evidence in the circumstances described by the rule. The statement should explain what the person personally knew and how, and it should be considered with the available official records.
Official regulatory text
38 CFR § 3.210
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 3.210 Child's relationship.
(a) Legitimate child. Where it is necessary to determine the legitimacy of a child, evidence will be required to establish the legality of the marriage of the mother of the child to the veteran or to show that the child is otherwise legitimate by State laws together with evidence of birth as outlined in § 3.209. Where the legitimacy of a child is not a factor, evidence to establish legitimacy will not be required: Provided, That, evidence is on file which meets the requirements of paragraph (b) of this section sufficient to warrant recognition of the relationship of the child without regard to legitimacy.
(b) Illegitimate child. As to the mother of an illegitimate child, proof of birth is all that is required. As to the father, the sufficiency of evidence will be determined in accordance with the facts in the individual case. Proof of such relationship will consist of:
(1) An acknowledgment in writing signed by him; or
(2) Evidence that he has been identified as the child's father by a judicial decree ordering him to contribute to the child's support or for other purposes; or
(3) Any other secondary evidence which reasonably supports a finding of relationship, as determined by an official authorized to approve such findings, such as:
(i) A copy of the public record of birth or church record of baptism, showing that the veteran was the informant and was named as parent of the child; or
(ii) Statements of persons who know that the veteran accepted the child as his; or
(iii) Information obtained from service department or public records, such as school or welfare agencies, which shows that with his knowledge the veteran was named as the father of the child.
(c) Adopted child. Except as provided in paragraph (c)(1) of this section evidence of relationship will include a copy of the decree of adoption or a copy of the adoptive placement agreement and such other evidence as may be necessary.
(1) 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, the following may be accepted to establish the fact of adoption:
(i) As to a child adopted into the veteran's family, a copy of the child's revised birth certificate.
(ii) As to a child adopted out of the veteran's family, a statement over the signature of the judge or the clerk of the court setting forth the child's former name and the date of adoption, or a certified statement by the veteran, the veteran's surviving spouse, or their fiduciaries setting forth the child's former name, date of birth, and the date and fact of adoption together with evidence indicating that the child's original public record of birth has been removed from such records.
(2) As to a child adopted by the veteran's surviving spouse after the veteran's death, the statement of the adoptive parent or custodian of the child will be accepted in absence of information to the contrary, to show that the child was a member of the veteran's household at the date of the veteran's death and that recurring contributions were not being received for the child's maintenance sufficient to provide for the major portion of the child's support, from any person other than the veteran or surviving spouse or from any public or private welfare organization which furnished services or assistance to children. (Pub. L. 86-195)
(d) Stepchild. Evidence of relationship of a stepchild will consist of proof of birth as outlined in § 3.209, evidence of the marriage of the veteran to the natural parent of the child, and evidence that the child is a member of the veteran's household or was a member of the veteran's household at the date of the veteran's death.
Cross Reference:
Evidence of dependents and age. See § 3.204.
[26 FR 1573, Feb. 24, 1961, as amended at 27 FR 1899, Feb. 28, 1962; 28 FR 2959, Mar. 26, 1963; 38 FR 871, Jan. 5, 1973; 47 FR 28096, June 29, 1982; 52 FR 19349, May 22, 1987; 59 FR 46338, Sept. 8, 1994; 91 FR 905, Jan. 9, 2026]
Related references
- 38 CFR § 3.209: Evidence of birth, age, and family relationship
- 38 CFR § 3.356: Permanent incapacity for self-support before age 18
- 38 CFR § 3.650: How an additional dependent can change benefit rates
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