TN 68 (11-23)

GN 00306.620 Rhode Island Intestacy Laws

A child or father acquires the status of child or parent under the following conditions.

1. 1. 

   If the child's parents intermarry and acknowledge the child, the child is deemed to be legitimate.

2. 2. 

   (I) Effective 09/15/82, a child may acquire the status of child if paternity is established by clear and convincing evidence.

3. 3. 

   Effective 06/24/86, a child who is determined to be a child based on clear and convincing evidence is considered the child of both the mother and the father just as if he were born in lawful wedlock.

Evidence considered in SSA adjudications includes: evidence of sexual intercourse between the mother and the alleged father at any possible time of conception; an expert's opinion concerning the statistical probability of the alleged father's paternity based on the duration of the mother's pregnancy; medical or anthropological evidence relating to the alleged father's paternity of the child based on tests performed by the experts; and any other relevant evidence.

Blood tests with a statistical probability of 97% or greater will constitute a rebuttable presumption of paternity. Submit to the Office of the General Counsel (OGC) evidence submitted to rebut the presumption for a determination about whether the evidence excludes the alleged father.