I recently asked to add my 2 children to my health insurance coverage (ages 6 & 11)and I was informed that I MUST claim them on my uncome tax return. This is a problem as my mate, their Father however we are not married, claims them on his return. We file separately. I provided birth certs - this was not enough for my company.Are you aware of any law that requries that I claim them on my tax return before I am able to add them to my health insurance?

To add children to your group health plan, you must be the legal parent and/or guardian. Requesting verification that they are included as dependents on your tax returns is the common method that insurance companies use to verify that they are indeed your legal dependents. You would think that providing proof that you are the biological mother would be sufficient in verifying that these children are yours and can be added to your group health insurance. However, under federal law, being the biological mother does not guarantee parental rights over these children, or make them your legal dependents. Parents can lose their legal rights for various reasons. When this happens, the child is no longer considered a legal dependent, and therefore ineligible to be included as a dependent on your health insurance.

We would suggest contacting the insurance company directly, and not going through the employer. It is the insurance company that makes the final decision as to whom they will accept as a dependent. They may not accept the birth certificate, but perhaps that can ask for other proof in conjunction with the birth certificate, such as verification of address.

Answer by moderator - August 4, 2009 at 11:23 am


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