Children depend on a number of things from their parents, which often includes their inheritance. However, marriages dissolve and life happens, which can often leave much of their future uncertain, including the child’s inheritance.
So, how does the Uniform Parentage Act affect child inheritance?
The Uniform Parentage Act (UPA) provides legal guidelines for cases regarding the parentage of children for both married and unmarried individuals, particularly as it relates to paternity.
This Act provides the legal framework for the processes and standards of establishing, testing, and determining paternity through all legal means (voluntary acknowledgement, testing, the court system, etc.).
Establishing a child’s legally presumed father is necessary and beneficial for several reasons, including child inheritance rights.
As cultural growth continues to redefine what parenting looks like, any corresponding legislature must also update accordingly. For example, a few recent provisions from the 2015’s historic U.S. Supreme Court ruling legalizing same sex marriage, required changes of several terms to gender-neutral alternatives and updates to the surrogacy provisions, such as the rights of children conceived by donor-assistance.
Similarly, one of the most recent updates better defines what the parent-child relationship is if the child was conceived as a result of rape. It also allows for each state to determine the parental status of non-biological children.
The children who are most vulnerable to the Uniform Parentage Act are those born to unmarried parents or same-sex parents or any who were conceived through assisted reproductive methods.
If you or someone you know is concerned about their child’s rightful inheritance and how it fits within the Uniform Parentage Act, we can help. Contact the Law Office of Audra Simovitch for a consultation.