Program Operations Manual System (POMS)
TN 27 (12-00)
GN 00306.555 Nevada Intestacy Laws
Effective 07/01/79 (unless a different effective date is specified below), a child can inherit from his/her natural father and the father from the child if a parent-child relationship can be established under Nevada law under one of the provisions below. Effective 10/01/83, the parent-child relationship between a child and the natural mother may be established by her having given birth to the child.
A man is presumed to be the natural father of a child if:
He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce, or after a decree of separation is entered by a court; or
He and the child's natural mother were cohabiting for at least 6 months before the period of conception and continued to cohabit through the period of conception; or
Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is invalid or could be declared invalid; and:
if the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 285 days after its termination by death, annulment, declaration of invalidity or divorce; or
if the attempted marriage is invalid without a court order, the child is born within 285 days after the termination of cohabitation; or
Prior to 10/01/83, after the child's birth, he and the child's natural mother have married or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is invalid or could be declared invalid and:
he has acknowledged his paternity of the child in writing; or
with his consent, he is named as the child's father on the child's BC; or
he is obligated to support the child under a written voluntary promise or by court order; or
While the child is under the age of majority (age 18), he receives the child into his home and openly holds out the child as his natural child; or
At any time he acknowledges his paternity of the child in a writing filed with the State registrar of vital statistics; or
Effective 10/01/95, blood tests show a probability of 99 percent or more that he is the father; unless a party files written objections to such blood test results, they are admissible as evidence of paternity without any further proof of authenticity or accuracy. If genetic tests do not meet the 99 percent standard, the factfinder cannot use the tests alone to establish a presumption or rebuttal of paternity.
If another man is presumed under this section to be the child's father, acknowledgment may be effected only with the written consent of the presumed father or after the presumption has been rebutted by a court decree.
These presumptions may be rebutted only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the controlling presumption is the one which on the facts is founded on the weightier considerations of policy and logic. Any of the presumptions is rebutted by a court decree establishing paternity of the child by another man.
Effective 07/01/79, a parent-child relationship may also be established by the judgment or order of a court issued in a paternity action pursuant to NRS section 126, or civil or criminal proceedings for child support under NRS section 130.245 or 201.025. Such an order rebuts any of the above presumptions, except the presumption that a court decree may establish paternity of the child by another man. If two competing court decrees, judgments, or orders establish contradictory identities for the father, SSA will choose the court decree, judgment or order most in keeping with policy and logic.
For claims filed on or after 11/27/98, a court order is not required. SSA may make its own determination of paternity, using a preponderance of evidence standard of proof, applicable to determinations made before and after the father's death.
To establish paternity in the absence of an established presumption, or to rebut a presumption of paternity, SSA will consider evidence relating to paternity such as:
Evidence of sexual intercourse between the mother and alleged father at any possible time of conception;
An expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy;
An expert's opinion concerning blood test results or genetic identification weighted in accordance with evidence, if available, of the statistical probability of the alleged father's paternity;
Medical or anthropological evidence relating to the alleged father's paternity of the child based on tests performed by experts;
All other evidence relevant to the issue of paternity of the child.
Prior to 01/01/79, a child acquired the status of child if:
Parents intermarry; or
Before 03/28/53, the father publicly acknowledged the child as his own or received it as such into his family (with wife's consent if he was married), or otherwise treated it as his legitimate child, consent of the mother of the child being necessary unless she had been deprived of civil rights, judicially deprived of the child's custody, or declared incurably feebleminded or insane by a court, or had deserted the child without provision for her identification; or
(I) Father acknowledges child as his own by statement in writing signed in presence of competent witness.
Prior to 07/01/79, a father acquires status of parent if:
Parents intermarry; or
Before 03/28/53, father publicly acknowledged child as his own or received it as such into his family (with wife's consent if he was married), or otherwise treated it as his legitimate child, consent of mother of child being necessary unless she had been deprived of civil rights, judicially deprived of child's custody, or declared incurably feebleminded or insane by a court, or had deserted child without provision for her identification.