§ 29-1-2-7 — Children born out of wedlock; inheritance

Indiana § 29-1-2-7

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 2: Intestate Succession and Rights of Certain Interested

Text

(a) For the purpose of inheritance (on the
maternal side) to, through, and from a child born out of wedlock, the
child shall be treated as if the child's mother were married to the child's
father at the time of the child's birth, so that the child and the child's
issue shall inherit from the child's mother and from the child's maternal
kindred, both descendants and collaterals, in all degrees, and they may
inherit from the child. The child shall also be treated as if the child's
mother were married to the child's father at the time of the child's birth,
for the purpose of determining homestead rights and the making of
family allowances.
(b) For the purpose of inheritance (on the paternal side) to, through,
and from a child born out of wedlock, the child shall be treated as if the
child's father were married to the child's mother at the time of the
child's birth, if one (1) of the following requirements is met:
(1) The paternity of a child who was at least twenty (20) years of
age when the father died has been established by law in a cause
of action that is filed during the father's lifetime.
(2) The paternity of a child who was less than twenty (20) years
of age when the father died has been established by law in a cause
of action that is filed:
(A) during the father's lifetime; or
(B) within five (5) months after the father's death.
(3) The paternity of a child born after the father died has been
established by law in a cause of action that is filed within eleven
(11) months after the father's death.
(4) The putative father marries the mother of the child and
acknowledges the child to be his own.
(5) The putative father executed a paternity affidavit in
accordance with IC 31-6-6.1-9(b) (before its repeal).
(6) The putative father executes a paternity affidavit as set forth
in IC 16-37-2-2.1.
(c) The testimony of the mother may be received in evidence to
establish such paternity and acknowledgment, but no judgment shall be
made upon the evidence of the mother alone. The evidence of the
mother must be supported by corroborative evidence or circumstances.
(d) If paternity is established as described in this section, the child
shall be treated as if the child's father were married to the child's
mother at the time of the child's birth, so that the child and the child's
issue shall inherit from the child's father and from the child's paternal
kindred, both descendants and collateral, in all degrees, and they may
inherit from the child. The child shall also be treated as if the child's
father were married to the child's mother at the time of the child's birth,
for the purpose of determining homestead rights and the making of
family allowances.
Formerly: Acts 1953, c.112, s.207. As amended by P.L.50-1987,
SEC.3; P.L.261-1989, SEC.1; P.L.9-1999, SEC.1; P.L.165-2002,
SEC.4; P.L.190-2016, SEC.36.