TN 80 (11-23)

GN 00306.440 Connecticut Intestacy Laws

1. A. 

   A child or father acquires the status of child or parent if the alleged father and the child's mother marry.

2. B. 

   A child can inherit from its father if:

   1. 1. 

      Effective 10/01/78, the father has been adjudicated the father of the child by a court of competent jurisdiction (superior court) during the father's lifetime. For claims filed on or after 11/27/98, or pending on that date, a court adjudication of paternity during the father's lifetime is not required. SSA will determine the relationship between the alleged father and the child during the father's lifetime and, if death occurred before 10/01/91, after the father's death by applying a preponderance of the evidence standard. For deaths occurring 10/01/91 and later see 3. below. See NOTE below; or

   2. 2. 

      Effective 10/01/78, the father had acknowledged under oath in writing to be the child's father. See NOTE below; or

   3. 3. 

      Effective 10/01/91, paternity may be established by the probate court after the father's death. Effective 11/27/98, a court adjudication after the father's death is not required. SSA will find a parent-child relationship to exist between the alleged father and the child after the father’s death where there is clear and convincing evidence that the father acknowledged in writing that the child was his and openly treated the child as his. SSA will also find a parent-child relationship to exist after the father’s death where there is unrebutted genetic testing with the statistical probability of paternity of 99.0 percent or greater provided that the petitioner has presented evidence that sexual intercourse occured between the mother and this individual during the period of time that the child was conceived. Where the above evidence is not present, or where evidence is presented to rebut the genetic testing evidence, SSA will determine if a parent-child relationship exists based on a preponderance of the evidence, which may include any of the evidence presented in GN 00306.440.D. See NOTE below.

3. C. 

   Effective 10/1/95, a father acquires the status of parent and can inherit from his child if any of the conditions in B.1. through B.3. is met.

4. D. 

   Evidence considered in paternity adjudications includes genetic testing as well as testimony from the mother and alleged father. Genetic testing with a statistical probability of 99.0 percent or greater creates a rebuttable presumption of paternity provided that the petitioner has presented evidence that sexual intercourse occurred between the mother and this individual during the period of time that the child was conceived. Submit to the Office of the General Counsel (OGC) evidence presented to rebut the presumption for a determination about whether the evidence excludes the alleged father.

NOTE:

• •

  Prior to a change of position effective 05/13/92, provisions B.1.and B.2. were legitimating provisions.

• •

  From 05/13/92 through 09/30/95, provisions B.1. and B.2. conferred inheritance rights only.

• •

  Effective 10/01/95, provisions B.1. and B.2. are legitimating provisions.

• •

  From 10/01/91 through 09/30/95, provision B.3. conferred inheritance rights only.

• •

  Effective 10/01/95, provision B.3. is a legitimating provision.