TN 65 (11-23)

GN 00306.465 Guam Intestacy Laws

1. A. 

   Generally, a parent and child relationship exists where such relationship is (1) presumed and not rebutted pursuant to, or (2) established pursuant to, the applicable Guam laws concerning the existence and establishment of a parent and child relationship.

2. B. 

   A parent and child relationship exists if:

   1. 1. 

      parents intermarry, or

   2. 2. 

      father publicly acknowledges child as his own, receives it as such into his family (with wife's consent if he is married) and otherwise treats it as his legitimate child; or

   3. 3. 

      (I) father acknowledges child in writing signed in presence of competent witness.

3. C. 

   Father acquires status of parent if:

   1. 1. 

      parents intermarry; or

   2. 2. 

      father publicly acknowledges child as his own, receives it as such into his family (with wife's consent if he is married) and otherwise treats it as his legitimate child.

4. D. 

   Effective 03/31/94, when the paternity of a child born out of wedlock is disputed, the standard of proof shall be clear and convincing evidence. All parties in the contested paternity matter, including the child, shall submit to a genetic test upon the request of any party to the action, upon reasonable terms and conditions.

   The results of medically reliable blood or other genetic tests that are generally acceptable within the scientific community to show a probability of paternity may be introduced into evidence when paternity is in dispute. Test results showing a probability of 95% or greater are admissible into evidence upon showing verified documentation of the chain of custody of the blood or other specimens without the necessity of calling an expert witness from off-island.

5. E. 

   If the act relied on for child or parent status occurred before 1948, submit to the Office of the General Counsel (OGC) under GN 01010.815 ff.