Program Operations Manual System (POMS)
TN 80 (11-23)
GN 00306.440 Connecticut Intestacy Laws
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A.
A child or father acquires the status of child or parent if the alleged father and
the child's mother marry.
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B.
A child can inherit from its father if:
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1.
Effective 10/01/78, the father has been adjudicated the father of the child by a court
of competent jurisdiction (superior court) during the father's lifetime. For claims
filed on or after 11/27/98, or pending on that date, a court adjudication of paternity
during the father's lifetime is not required. SSA will determine the relationship
between the alleged father and the child during the father's lifetime and, if death
occurred before 10/01/91, after the father's death by applying a preponderance of
the evidence standard. For deaths occurring 10/01/91 and later see 3. below. See NOTE below; or
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2.
Effective 10/01/78, the father had acknowledged under oath in writing to be the child's
father. See NOTE below; or
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3.
Effective 10/01/91, paternity may be established by the probate court after the father's
death. Effective 11/27/98, a court adjudication after the father's death is not required.
SSA will find a parent-child relationship to exist between the alleged father and
the child after the father’s death where there is clear and convincing evidence that
the father acknowledged in writing that the child was his and openly treated the child
as his. SSA will also find a parent-child relationship to exist after the father’s
death where there is unrebutted genetic testing with the statistical probability of
paternity of 99.0 percent or greater provided that the petitioner has presented evidence that sexual intercourse occured between
the mother and this individual during the period of time that the child was conceived.
Where the above evidence is not present, or where evidence is presented to rebut the
genetic testing evidence, SSA will determine if a parent-child relationship exists
based on a preponderance of the evidence, which may include any of the evidence presented
in GN 00306.440.D. See NOTE below.
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C.
Effective 10/1/95, a father acquires the status of parent and can inherit from his
child if any of the conditions in B.1. through B.3. is met.
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D.
Evidence considered in paternity adjudications includes genetic testing as well as
testimony from the mother and alleged father. Genetic testing with a statistical probability
of 99.0 percent or greater creates a rebuttable presumption of paternity provided
that the petitioner has presented evidence that sexual intercourse occurred between
the mother and this individual during the period of time that the child was conceived.
Submit to the Office of the General Counsel (OGC) evidence presented to rebut the
presumption for a determination about whether the evidence excludes the alleged father.
NOTE:
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Prior to a change of position effective 05/13/92, provisions B.1.and B.2. were legitimating
provisions.
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From 05/13/92 through 09/30/95, provisions B.1. and B.2. conferred inheritance rights
only.
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Effective 10/01/95, provisions B.1. and B.2. are legitimating provisions.
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From 10/01/91 through 09/30/95, provision B.3. conferred inheritance rights only.
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Effective 10/01/95, provision B.3. is a legitimating provision.