Lillian Williams v. Elliot L. Richardson, Secretary of Health, Education and Welfare

OAKES, Circuit Judge:

This appeal involves the entitlement of a child to insurance benefits under Section 202(d) of the Social Security Act, 42 U.S.C. § 402(d).1 That entitlement is dependent on the status of the infant as a “child” of the deceased wage earner under Section 216(e) of the Act, 42 U.S.C. § 416(e).2 The wage earner here, James Williams, was foreclosed by the law of his domicile, West Virginia, from legally adopting the infant here, his grandson Wendell Lee Williams. West Virginia requires a six months’ waiting period before adoption proceedings may be even initiated,3 and James…