Illegitimate children; inheritance
Sec. 7. (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 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.
Last modified: May 27, 2006