Paternity and Inheritance Rights in North Dakota
In North Dakota, the establishment of paternity has significant implications for inheritance rights. The North Dakota Century Code provides clear guidelines on how paternity affects inheritance rights, particularly in sections 14-20-08, 14-20-09, and 14-20-10.
Establishment of Paternity
Under North Dakota Century Code 14-20-08, a child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other. This includes inheritance rights. The father-child relationship can be established through various means, including an unrebutted presumption of the man’s paternity of the child under section 14-20-10, an effective acknowledgment of paternity by the man, an adjudication of the man’s paternity, adoption of the child by the man, or the man’s consent to assisted reproduction by a woman which resulted in the birth of the child (14-20-08).
Consequences of Establishment of Paternity
According to North Dakota Century Code 14-20-09, unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, including inheritance. This means that once paternity is established, the child has the same rights to inherit from their father as any other legitimate child would.
Presumption of Paternity
The North Dakota Century Code 14-20-10 outlines the conditions under which a man is presumed to be the father of a child. These conditions include being married to the mother of the child and the child being born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation. This presumption of paternity can be significant in inheritance cases, as it establishes a legal father-child relationship that can impact inheritance rights.
Disproving Paternity
The North Dakota Century Code also provides guidelines for disproving paternity. According to section 14-20-29, the paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child. If a man is excluded as the father of a child by genetic testing, he must be adjudicated not to be the father of the child. This can have significant implications for inheritance rights, as a child may lose their inheritance rights if paternity is successfully disproved.
In conclusion, the establishment or disproof of paternity in North Dakota has significant implications for inheritance rights. Once paternity is established, a child has the same rights to inherit from their father as any other legitimate child. However, these rights can be lost if paternity is successfully disproved. As such, it is crucial to understand the legal procedures and implications of establishing or disproving paternity in North Dakota.