Nonmarital child
1. A nonmarital child can inherit from his or her mother in the same manner as a marital child.
2. A nonmarital child can inherit from his or her father if any of the following applies:
a. (I) prior to 03/31/71, the father acknowledges himself to be the father in writing
signed in the presence of a competent witness. Effective 04/01/71, the father acknowledges
himself to be the father in writing signed by him (no witness required). See d. below.
This inheritance provision has prospective effect only; or
b. (I) the father has admitted in open court that he is the father. See d. below.
This inheritance provision has prospective effect only; or
c. (I) the father has been adjudicated to be the father in a paternity proceeding.
Effective 04/01/98, a statement acknowledging paternity that is on file with the state
registrar under Wis. Stat. § 69.15(3)(b)(3) after the last day on which a person may
timely rescind the statement, is a conclusive determination of paternity and has the
same effect as a judgment of paternity. Paternity adjudications during the father’s
lifetime by a court or by SSA applying the court’s standard, or statements acknowledging
paternity that have the same effect as a judgment of paternity, have prospective effect
only. Paternity adjudications after the father’s death by a court or by SSA applying
the court’s standard have retroactive effect back to the father’s death.
For claims filed on or after 11/27/98, or pending on that date, the State court order
described in GN 00306.675B.2.c. need not actually be obtained for a nonmarital child to qualify as an insured individual’s
child under section 216(h)(2)(A) of the Act. An SSA adjudicator may independently
determine paternity by applying relevant Wisconsin law. See GN 00306.675C. through GN
00306.675E.
d. With respect to a. or b. above, a nonmarital child must show that he or she is
the deceased’s child. If there is reason to doubt that the individual making the acknowledgment
or admission is the child’s father, the presumptions in GN 00306.675C apply, and other evidence relevant to paternity (see GN 00306.675D) should be considered.
3. Effective 04/01/71, a father can inherit from a child if the father has been adjudicated
to be the father in a paternity proceeding.