Understanding California’s Laws on Non-Marital Children and Inheritance

In California, family law and inheritance rights can often become complex when it comes to non-marital children. Understanding how these laws operate is crucial for parents and guardians alike, especially in matters of inheritance.

In California, non-marital children, often referred to as children born outside of wedlock, have the same rights to inherit from their parents as children born to married parents. This equity in legal status is essential, as it ensures that all children are treated equally under the law, regardless of their parents' marital status.

To enforce inheritance rights for non-marital children, paternity must be established. In California, if a father acknowledges his child as his own, either through a declaration of paternity or by providing support, the child acquires his inheritance rights.

For unmarried parents, establishing paternity can occur in several ways:

• Voluntary Declaration of Paternity: This form can be signed by both parents at the hospital after the child's birth.
• Court Order: If paternity is disputed, a mother or father can file a petition in court to establish paternity.

Once paternity is established, non-marital children can inherit from their fathers as well as their mothers. This means they have rights to both parents' estates. If a father dies intestate (without a will), the California intestacy laws will apply, allowing the non-marital child to inherit a share of the father's property as if they were a marital child.

However, if a parent wishes to include or exclude a non-marital child from their estate plan, it is crucial to create a will or trust that explicitly states their wishes. If a will does not mention a child, California law typically assumes that the parent intended to exclude them, but this can lead to considerable disputes if the child contests the will.

It's also important for parents to note that non-marital children are entitled to receive child support until they reach adulthood, which can further impact their access to resources and support during their upbringing. The process for determining child support is governed by California Family Code and involves considering the income of both parents and the needs of the child.

In summary, California's laws on non-marital children and inheritance afford these children rights that mirror those of marital children. Establishing paternity is a crucial step that opens the door to these legal benefits. Parents should take proactive measures to ensure their estate plans reflect their wishes regarding their children, ensuring clarity and minimizing potential family disputes.

Understanding these aspects of California law can provide peace of mind for parents and guardians, facilitating not only legal rights but also the enduring stability and security for their children, regardless of their marital status at birth.