Program Operations Manual System (POMS)
TN 27 (12-00)
A child or father acquires the status of child or parent as follows:
Where the alleged father died 04/26/77 or later and the claim is adjudicated 10/77
or later, there is clear and convincing evidence that the man is the child's father.
Where the alleged father died before 04/26/77, the clear and convincing evidence standard
applies to claims adjudicated 1/5/87 or later.
Effective 07/13/84, the issue of all illegal or void marriages is considered as if
born in lawful wedlock.
Before 07/01/88, child or father acquires status of child or parent if parents intermarry
and father recognizes child.
Effective 07/01/88, a person born out of wedlock is child of the father if:
(I) the natural parents participated in a marriage ceremony before or after the birth
of the child, even though the attempted marriage is void; or
(I) there has been an adjudication of paternity, based on a preponderance of the evidence,
before the death of the father; or
(I) there has been an adjudication of paternity after the death of the father based
upon clear and convincing proof.
Effective 07/01/88, a man is the father of a child born out of wedlock if:
he is the child's natural parent and he and the child's natural mother participated
in a marriage ceremony before or after the birth of the child, even though the attempted
marriage is void; or
there has been an adjudication of paternity, based on a preponderance of the evidence,
before the death of the child; or
there has been an adjudication of paternity after the death of the child based on
clear and convincing proof and the evidence in such adjudication shall have demonstrated
that the father openly treated the child as his, and the father did not follow a consistent
policy of refusing to support the child on the ground of nonpaternity.
Effective 07/14/92, if the adjudicator finds that the statistical probability of paternity
equals or exceeds ninety-nine percent (99%), as calculated by experts qualified as
examiners of genetic markers, and that the paternity index, as calculated by the experts
qualified as examiners of genetic markers, is one hundred (100) to one (1) or greater,
paternity is presumed. This presumption shall only be rebutted by a preponderance
of the evidence.
Effective 04/21/00, a parent who has willfully abandoned the care and maintenance
of his/her child shall not have a right to intestate succession in the child's estate
unless the abandoning parent had resumed the care and maintenance at least one year
before the child's death and had continued the care and maintenance until the child's
NOTE: No child abandonment occurs where the parent had been deprived of the child's custody
because of a court order and the parent substantially complied with all court orders
requiring contribution to the child's support.