TN 27 (12-00)

GN 00306.610 Pennsylvania Intestacy Laws

A child or father acquires the status of child or parent if:

1. 1. 

   the parents of a child born out of wedlock shall have married each other; or

2. 2. 

   (I) prior to 11/26/78, there is clear and convincing evidence that the man was the child's father; or

3. 3. 

   (I) effective 11/26/78, it is determined by clear and convincing evidence that the father, during the child's lifetime, openly holds out the child to be his and either receives the child into his home or provides support for the child; or

4. 4. 

   (I) effective 11/26/78, there is clear and convincing evidence that the man was the father of the child, which may include a prior court determination of paternity. See 20 Pa.C.S.A. section 2107 (1996).

In either 2. or 4. above, the evidence may include a prior court determination of paternity.

NOTE: Effective 03/19/90, blood tests alone do not constitute clear and convincing evidence of paternity for intestacy purposes, but may be used in conjunction with other evidence to reach a clear and convincing evidence standard. Blood tests which exclude the named individual are conclusive evidence of nonpaternity.

DEFINITION: Clear and convincing evidence is testimony that is clear, direct, weighty, and convincing as to enable the jury to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue. In Re Trust Estate LaRocca, 411 Pa. 633, 640, 192 A.2d 409 (1963). The clear and convincing evidence standard is greater than a preponderance of the evidence but less than that required by beyond a reasonable doubt. Williams v. Heckler, 616 F. Supp. 928 (E.D.Pa. 1985).