Determination of relationship of parent and child
This law explains who counts as a parent or child when figuring out who gets a deceased person's belongings. An adopted child is treated as the child of the adoptive parent, not the birth parents — but if a stepparent adopts a child, the child still keeps their relationship with the birth parent on the other side. A child born to unmarried parents is always considered the mother's child. That child is also considered the father's child if the parents went through a marriage ceremony at any point, or if the father was legally proven to be the father. However, if paternity was only proven after the father died, the father's side of the family cannot inherit from that child unless the father openly treated the child as his own and did not refuse to support the child.
474.060. of relationship of parent and child — is child of adopting parent, — , relationship determined. — 1. If, for purposes of , a relationship of parent and child must be established to determine by, through, or from a person, an adopted person is the child of an adopting parent and not of the , except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and such natural parent.
2. In cases not covered by 1 herein, a person is a child of the mother. That person is also a child of the father, if either of the following occur:
(1) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is ;
(2) The is established by an before the death of the father, or is established thereafter by , except that the paternity established under this (2) is ineffective to qualify the father or his to from or through the child, unless the father has openly treated the child as his, and has not refused to support the child.
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Source & history notes
(L. 1980 S.B. 637, A.L. 1981 S.B. 117) Effective 6-10-81 (1985) Provisions of section are applicable for purposes of determining paternity in applications for Social Security survivor's benefits under 42 U.S.C. § 416(h)(2)(A). Greer by Greer v. Heckler (8th Cir.), 756 F.2d 794.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.