218 College Park Plaza
Johnstown, PA 15904
(814) 270-9354 Direct
(814) 262-2123 Office

Pennsylvania Estate Law Library

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