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327.1 How does a child born out of wedlock acquire inheritance rights?
A child born out of wedlock may inherit the intestate personal property of the natural father if the child is "legitimated" (given the status of a legitimate child) under State law by performance of specific acts, e.g., the natural father's marriage to the child's natural mother.
In some States, a child may acquire inheritance rights without being legitimated only if certain acts prescribed by State law are performed; for example, acknowledgment of paternity of the child.
327.2 What is the effective date of legitimation?
The effective date of legitimation of a child may be important in determining when a child becomes entitled to Social Security benefits. In most States, a child legitimated after birth is considered legitimate from birth. In other States, such a child is legitimate only from the date of the legitimating act.
Last Revised: Jun. 30, 2004
- Legitimacy of a Child
- How Natural Parent-Child Relationship is Proved
- Inheritance Rights of 'Equitably Adopted' Children
- When is a child presumed "dependent"?
- What evidence is required for a child born out of wedlock to be considered yours?
- Legally Adopted Children
- Who is a "child" for Social Security purposes?
- What is the definition of "child" for Social Security purposes?
- Can a child NOT meeting the State law test in section 326 or 327 be considered the child of the worker?
- Termination of Child's Insurance Benefits
- Separation Due to Child's School Attendance
- What does having a "child in care" mean?
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