Children Born Out of Wedlock
For purposes of Pennsylvania's
intestacy laws, a person is always considered as the child of his or her
mother, without any regard to the parents' marital status at the time of
birth.
A father is only considered the child's parent when one of the following
conditions exists:
1. The parents became married at a later time.
2. The father openly acknowledged and accepted that child as his.
3. Other clear and convincing evidence of fatherhood exists, such as court
determined paternity.
With any of these conditions, the child will also participate in the
distribution of the father's
intestate estate. Also, a will
that simply makes a
testamentary gift to "my children" without further limitation or without
naming the children will include all of the
testator's
surviving and otherwise qualified
children, regardless of the parents' marital relationship.
A pretermitted child, or a child born after a parent makes a
will that does not include that child, may also be entitled to a portion
of the deceased parent's estate
without regard to the parents' marital status.
See: Children Born After A will;
Children, Disinheriting
