Will my child lose Social Security survivor benefits if stepparent adopts after I remarry?

BE CAREFUL!!! Yes, your daughter WILL lose her survivor benefits if she gets adopted by your new husband. The adoption legally terminates the relationship with the deceased parent in the eyes of SSA. I learned this the hard way with my nephew when my sister remarried. Once those benefits stop, they're GONE FOREVER!!

The previous comment is correct. Social Security benefits based on a deceased parent's work record will terminate if the child is legally adopted by a stepparent. This is because legally, the adoption creates a new parent-child relationship while severing the legal relationship with the deceased parent. The only exception is if the adoption occurs by a grandparent or step-grandparent after the death of both biological parents, but that doesn't apply in your situation.

I was in this exact situation a few years ago. My advice: consider alternatives to formal adoption that would still give your fiancé parental rights without terminating the survivor benefits. Talk to a family law attorney about options like legal guardianship that wouldn't affect the SS benefits. In my case, we opted for my husband to become a legal guardian rather than adopting my son, and he kept his survivor benefits until age 18. The guardianship still gave my husband authority for school, medical decisions, etc.

just wanna add that when my stepdad adopted me (mom remarried) i lost my dad's SS benefits immediately. happened right after the judge signed the papers. we didnt know it would happen and it was a huge shock for my mom financially

I went thru something similar with my son and had to make a really hard choice. If your fiancé adopts, benefits stop - no exceptions. But ask yourself what's best long-term? In our case, the adoption provided inheritance rights, insurance coverage, and security that outweighed the benefits (which stop at 18 anyway). Consider your daughter's age and how many years of benefits remain. Just something to think about from both angles.

you should try calling social security directly but good luck getting through lol!! i spent HOURS trying to talk to someone about my daughters benefits last month

To add some clarity: While legal adoption will terminate survivor benefits, there's an important distinction between adoption and your remarriage alone. Your remarriage by itself does NOT affect your child's survivor benefits from her biological father. Children's benefits continue regardless of the surviving parent's marital status. It's only if your new spouse legally adopts your daughter that the benefits would stop. So you could get married while maintaining your daughter's benefits, as long as the adoption doesn't occur.

has anyone mentioned that its not just the monthly $$ but also Medicare eligibility? my cousin lost medicaid coverage when her stepdad adopted her after getting survivors benefits and it was a big deal cuz she had some health problems

Based on everything in this thread, I'd recommend these steps: 1) Get married without proceeding with adoption yet, 2) Consult with a Social Security benefits attorney AND a family law attorney about options, 3) Consider legal guardianship as an alternative, 4) Calculate the long-term financial impact of benefits loss versus adoption advantages, 5) Make the decision based on your daughter's specific situation and needs. Remember that this is ultimately a personal decision that balances financial considerations with emotional and legal ones.