TN 27 (12-00)

GN 00306.495 Kansas Intestacy Laws

  1. Effective 07/01/85, the parent-child relationship extends equally to every child and parent, regardless of the marital status of the parents. A parent-child relationship may be established as follows:

    1. Between a child and the natural mother:

      1. by proof of her having given birth to the child; or

      2. under the provisions in 2. below.

    2. Between a child and the father, a man is presumed to be the father of a child if:

      1. He and the child's mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated by death or by the filing of a journal entry of a decree of annulment or divorce;

      2. Before the child's birth, he and the child's mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is void or voidable and:

        1. if the attempted marriage is voidable, the child is born during the attempted marriage or within 300 days after its termination by death or by the filing of a journal entry of a decree of annulment or divorce; or

        2. if the attempted marriage is void, the child is born within 300 days after the termination of cohabitation.

      3. After the child's birth, he and the child's mother have married, or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is void or voidable and:

        1. he has acknowledged his paternity of the child in writing;

        2. with his consent, he is named as the child's father on the child's birth certificate; or

        3. he is obligated to support the child under written voluntary promise or by court order.

      4. He notoriously or in writing recognizes his paternity of the child.

      5. Effective 07/01/94, genetic test results indicate a probability of 97% or greater that the man is the father of the child.

      6. Effective 07/01/94, the man has a duty to support the child under an order of support regardless of whether the man has ever been married to the child's mother.

      A presumption under this section may be rebutted in an appropriate court action only by clear and convincing evidence, e.g., a court decree establishing paternity of the child by another man. Effective 11/29/89, if the presumed father was the mother's husband at the time of the child's birth, and it is alleged that another man is the biological father of the child, the court order must show that the court found that a determination of the child's paternity and/or consideration of blood or genetic test results was in the child's best interests (required by In re Matter of Ross, 783 P.2d 331 (Kan. 1989, as modified 1990)). If the court order does not show this, or if it is not clear, submit the case to the RCC per GN 01010.815 ff.

      If the presumed father was not the mother's husband at the time of the child's birth, a court order rebutting the presumption of paternity does not need to reflect a "best interests of the child" finding. Moreover, in these cases, for claims filed on or after 11/27/98, or pending on that date, a court order is not necessary to rebut the presumption of paternity; SSA may make the determination rebutting the presumption, using a "clear and convincing evidence" standard of proof. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls.

  2. Prior to 07/01/85:

    1. Child acquires status of child if:

      1. parents intermarry and recognize child; or

      2. (I) father has notoriously or in writing recognized paternity of child; or

      3. (I) paternity has been determined in the father's lifetime in any action or proceeding involving that question in a court of competent jurisdiction. For claims filed on or after 11/27/98, or pending on that date, a court order is no longer required; SSA may make the determination (after the father's death) using a "clear and convincing evidence" standard of proof.

    2. Father acquires status of parent if:

      1. parents intermarry and recognize child; or

      2. father has notoriously or in writing recognized paternity of child; or

      3. paternity has been determined in father's lifetime in any action or proceeding involving that question in a court of competent jurisdiction. For claims filed on or after 11/27/98, or pending on that date, a court order is no longer required; SSA may make the determination using a "clear and convincing evidence" standard of proof.