Legal Question in Family Law in North Carolina

If DNA tests prove that a child born within a marriage is not biologically related to the father, is that child still entitled to inherit from the father?


Asked on 7/09/12, 5:32 pm

1 Answer from Attorneys

It depends. When was the test done? Did the father, prior to the test, legitimate the child by either marrying the mother or filing a legitimation petition? Or did the father make a will or sign an affidavit of parentage acknowledging that he was the father of the child?

Even if the DNA test proves otherwise, the father can always make a will naming the child as a beneficiary. In such case, the child could inherit.

Is the father still living? Is he dead?

You ask a complicated question and the answer will ultimately depend on more facts than you have posted here. I am not sure why you are interested or if the father is still alive. If the father is deceased, then you may want to talk with a probate attorney. If the father is alive, then I am not sure what the remedy would be if the father has already legitimated the child. You cannot "un-acknowledge" someone. However, I do not practice in this area regularly and you should speak to a family law practitioner about this.

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Answered on 7/09/12, 6:19 pm


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