If a NH's illegitimate child is not legitimated, the child has the status of “child” under the Act if the child has inheritance rights under applicable State intestacy law. Similarly, the parent of an illegitimate child has the status of “parent” under the Act if he/she has the right to inherit from that child under such State law.

Provisions that confer inheritance rights but do not legitimate the child are preceded by an “I” in the State law entries in GN 00306.400 - GN 00306.680.

The child is deemed dependent on the father unless the child was adopted by someone else (see GN 00306.165).

An act/event conferring inheritance rights generally has effect only from the date of such act/event. Submit to the Office of the General Counsel (OGC) per GN 01010.815 ff. if the date is material and you have no precedent opinion on whether the act or event has any retroactive effect under State law.

See the NOTE at the beginning of the Louisiana entry in GN 00306.505 for an explanation of, and effective dates for, Louisiana legitimation and inheritance rights provisions.

If a provision in GN 00306.400 - GN 00306.680 shows that a State law confers inheritance rights based on an adjudication of paternity (but does not legitimate the child), and the provision is effective prospectively only, the claimant's status as the NH's child is established effective with the following dates:

• •

  if one piece of evidence satisfies the applicable standard of proof (e.g., blood test results constitute clear and convincing evidence), the date of that piece of evidence; or

• •

  if more than one piece of evidence is needed to satisfy the applicable standard of proof, the date of the latest necessary piece of evidence.

The child is deemed dependent on his/her mother unless adopted by someone else (see GN 00306.165).