Data released by the Brazilian Institute of Geography and Statistics (IBGE) in 2025 show that, for the first time, less than half of Brazilian families are made up of couples with children, reflecting the diversity of current family arrangements. Thus, situations in which grandparents take on the responsibility of raising their grandchildren have generated doubts about custody and rights before the National Social Security Institute (INSS).

“Many people believe that raising a grandchild automatically generates the same social security rights that exist between parents and children. In practice, each situation needs to be analyzed individually, considering factors such as judicial custody, economic dependence and the requirements set out in legislation“, explains Thaís Bertuol Xavier, lawyer and legal advisor to Social Security.

Rights recognized by INSS for grandchildren raised by grandparents

Simply being a grandson does not guarantee automatic access to pension benefits. However, when there are requirements set out in legislation, such as judicial custody, guardianship or proof of economic dependence, some rights may be recognized by the INSS. The main rights that may arise in these cases are:

• Receipt of a death pension or incarceration benefit from a grandfather or grandmother, when the legal requirements are met;
• Possibility of recognizing economic dependence for the purposes of analyzing social security benefits;
• Classification within the family group for the purposes of analysis and granting of assistance benefits.

How to prove that the grandson depended on his grandparents?

Proof depends on the circumstances of each family, but some documents are often important to demonstrate the relationship of dependence and responsibility of grandparents for raising the child or adolescent. Among them are:

• Judicial custody or guardianship term;
• Proof of residence at the same address;
• School or medical documents indicating grandparents as responsible;
• Proof of expenses covered by grandparents;
• Income tax declaration with dependency information;
• Other documents that demonstrate economic dependence.

“Social security rights do not always follow family reality in the way people imagine. Therefore, it is important to seek information before the need to request a benefit arises, especially in situations involving custody, economic dependence and the raising of grandchildren by grandparents”, concludes Thaís Bertuol Xavier.

By Daniela Silveira