We generally presume that a child born to a validly married couple is the legal marital
child of both the child’s birth mother and her spouse, regardless of the spouse’s
gender. As a result, we generally presume that a child born to a validly married couple
would inherit from the birth mother’s spouse in all states, unless there is evidence
to rebut the presumption.
For instructions on how to develop cases where there is an allegation that the NH
is the birth mother’s spouse, see GN 00306.013.
IMPORTANT: For cases involving a posthumously conceived child, see GN 00306.014D.