Yes, paternity can be established even if the father is deceased. According to the North Dakota Century Code, there are several ways to establish the father-child relationship, some of which can be applied posthumously.
Establishing Paternity Posthumously in North Dakota
Genetic Testing
Under Section 14-20-29 of the North Dakota Century Code, 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. This implies that genetic testing can be used to establish paternity, even if the alleged father is deceased, provided that a viable sample for genetic testing is available.
Unrebutted Presumption of Paternity
According to Section 14-20-10, an unrebutted presumption of the man’s paternity of the child can establish the father-child relationship. This means that if a man was presumed to be the father of a child during his lifetime and this presumption was not legally challenged and rebutted, the man can be considered the father of the child even after his death.
Acknowledgment of Paternity
Under Sections 14-20-11 through 14-20-24, an effective acknowledgment of paternity by the man can establish the father-child relationship, unless the acknowledgment has been rescinded or successfully challenged. If the deceased man acknowledged paternity of the child during his lifetime, this acknowledgment can serve as a basis for establishing paternity posthumously.
Adjudication of Paternity
According to Section 14-20-44, if a man has been adjudicated the father of a child, this adjudication establishes the father-child relationship. This means that if a court declared the deceased man to be the father of the child during his lifetime, this adjudication stands even after his death.
Assisted Reproduction
Under Sections 14-20-59 through 14-20-65, if a man consented to assisted reproduction by a woman which resulted in the birth of the child, this can establish the father-child relationship. This means that if the deceased man consented to assisted reproduction that resulted in the birth of the child, he can be considered the father of the child even after his death.
Legal Rights of a Child Born Out of Wedlock
According to Section 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 means that a child can claim inheritance rights and other legal rights from a deceased father, provided that paternity has been established.
Conclusion
In conclusion, paternity can be established in North Dakota even if the father is deceased, through methods such as genetic testing, unrebutted presumption of paternity, acknowledgment of paternity, adjudication of paternity, and consent to assisted reproduction. Once paternity is established, the child has the same legal rights as a child born to married parents.