TN 110 (12-23)

GN 00306.615 Puerto Rico Intestacy Laws

Effective 07/25/52, all children have, with respect to their parents and to the estate left by the latter, the same rights that correspond to legitimate children.

Child acquires the status of child if:

1. 1. 

   the child born out-of-wedlock is recognized by the father and mother jointly or by one of them only, either in the record of birth or in the will or in any other public instrument; or

2. 2. 

   child's status as child is declared judicially or by SSA. The father or his heirs may acknowledge the child expressly or impliedly, in any way, for all legal purposes. SSA or court determines the relationship of the alleged father and the child based on the establishment of biological paternity. The standard is "preponderance of the evidence" (evidence which, taking into consideration the circumstances of the case, represents the most rational and just balance).

3. 3. 

   Effective 07/21/88:

   1. a. 

      genetic/blood tests are not conclusive evidence of paternity, but should be used in conjunction with all the evidence to decide paternity;

   2. b. 

      genetic/blood test results which exclude the father are conclusive evidence of non-paternity; and

   3. c. 

      if a court ordered genetic tests which the alleged father refused to undergo, a presumption of paternity may arise. Submit to the Office of the General Counsel (OGC) for a determination any such court order and other evidence presented in the claim.

4. 4. 

   If a child is born within 180 days after the marriage or before 300 days following the dissolution of the marriage, a rebuttable presumption that the husband is the child's father arises. Submit to OGC evidence presented to rebut the presumption for a determination about whether the evidence meets the Commonwealth's standards.