TN 93 (12-23)

GN 00306.410 Alaska Intestacy Laws

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

1. 1. 

   the alleged father subsequently marries the undisputed mother of the child*; or

2. 2. 

   for acknowledgments made before 07/01/97, the alleged father acknowledges paternity of the child in writing (does not apply if father or child died before 06/01/60); or

3. 3. 

   effective 07/01/97 through 06/30/2001, the putative father and mother both sign a form for acknowledging paternity under AS 18.50.165; or

4. 4. 

   the alleged father is adjudged, by a superior court, upon sufficient evidence, to be the father of the child (for claims filed on or after 11/27/98, or pending on that date, a court order is no longer required; SSA may make the adjudication using a "sufficient evidence" standard of proof. Submit to the Office of the General Counsel (OGC) per GN 01010.815 ff. to determine whether the evidence in a particular case meets this standard, in the absence of a precedent opinion. In making such an adjudication, SSA shall give full faith and credit to a determination of paternity made by a state other than Alaska, whether established through voluntary acknowledgment or through administrative or judicial procedures; or

5. 5. 

   (I) effective 01/01/73 to 12/31/96, the natural parents participated in a marriage ceremony before or after the child's birth even though the attempted marriage is void; or

6. 6. 

   (I) effective 01/01/73 to 12/31/96, paternity is established by an adjudication before the father's death by a preponderance of the evidence, or is established thereafter by clear and convincing proof; except paternity established under this provision will not confer the status of parent unless the father has openly treated the child as his and has not refused to support the child.

   NOTE: Acceptable evidence of paternity includes, but is not limited to, evidence that the alleged father's conduct and bearing toward the child, either by word or act, indicates that the child is the child of the alleged father. That conduct may be construed by the adjudicator to constitute evidence of paternity.

7. 7. 

   effective 07/04/84 through 06/30/97, and again effective 07/01/2001, the results of a blood test, tissue-type test, protein comparison, or other scientifically accepted procedure shall be admitted and weighed in conjunction with other evidence in determining the statistical probability that the alleged father is a legal parent of the child in question; however, a scientifically accepted procedure that establishes a probability of parentage at 95 percent or higher creates a presumption of parentage that may be rebutted only by clear and convincing evidence; or

8. 8. 

   effective 07/01/97 through 06/30/2001, the results of a genetic test that is of a type generally acknowledged as reliable by an accreditation body designated by the Secretary of Health and Human Services and performed by a laboratory approved by such an accreditation body shall be admitted and weighed in conjunction with other evidence in determining the statistical probability that the alleged father is a legal parent of the child in question. However, a genetic test described in this subsection that establishes a probability of parentage at 95 percent or higher creates a presumption of parentage that may be rebutted only by clear and convincing evidence.

*This provision previously read "parents intermarry." The current version of this provision was a result of an editorial revision of Alaska law. No substantive change was intended.