Legal Question in Social Security Law in North Carolina

Does a termination of parental rights exclude that biological child from collecting that parents social security disability benefits


Asked on 12/10/12, 5:31 am

1 Answer from Attorneys

Brent Adams Brent Adams & Associates NC Personal Injury Lawyers

No, a termination of parental rights does not necessarily exclude biological children from collecting their parents' Social Security benefits; this matter is conditional as outlined below. According to the North Carolina Department of Health and Human Services:

"Termination of Parental Rights is the legal severing of all rights and obligations of the parent to the child and of the child to the parent (except the child's right to inheritance from the parent, which continues until a final decree of adoption has been issued). This type of court action comes under the jurisdiction of the Juvenile Division of the District Court."

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Answered on 12/11/12, 9:44 am


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