Existing law requires the property of a decedent’s estate not disposed of by will to be passed to the decedent’s heirs through intestate succession and provides for the intestate rights between a natural parent and child. Existing law establishes a natural parent and child relationship, for the purposes of intestate succession, based on provisions of the Uniform Parentage Act, except as the provisions of that act are specifically excluded. Existing law authorizes a provision of the Uniform Parentage Act to be used to establish a natural parent and child relationship if it was impossible for the father to hold out the child as his own and paternity is established by clear and convincing evidence.
This bill would specify that clear and convincing evidence of
parentage, for the purposes of utilizing this provision of the Uniform Parentage Act to establish a natural parent and child relationship, may include genetic DNA evidence acquired during the parent’s lifetime.