INHERITANCE FROM THE BIOLOGICAL FATHER BY ILLEGITIMATE CHILDREN

OKLAHOMA IS STRICT. IN ORDER FOR A CHILD BORN OUT OF WEDLOCK TO INHERIT FROM THE BIOLOGICAL FATHER IT MUST BE THROUGH ONE OF THESE FOUR WAYS:

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▸ Married mother after birth and acknowledged as child or adopted child into family.

▸ Father publicly acknowledged child as his or treating child as if his born in wedlock with consent of his wife if he is married.

▸ Judicial paternity determination.

▸ 84 OS § 215 – Inheritance by and from Illegitimate Child

For inheritance purposes, a child born out of wedlock stands in the same relation  to his mother and her kindred, and she and her kindred to the child, as if that child    had been born in wedlock. For like purposes, every such child stands in identical relation to his father and his kindred, and the latter and his kindred to the  child, whenever: (a) the father, in writing, signed in the presence of a competent witness acknowledges himself to be the father of the child, (b) the father and mother intermarried subsequent to the child’s birth, and the father, after such marriage, acknowledged the child as his own or adopted him into his family, (c) the father publicly acknowledged such child as his own, receiving it as such, with the consent of his wife, if he is married, into his family and otherwise treating it as if it were a child born in wedlock, or (d) the father was judicially determined to be such in a paternity proceeding before a court of competent jurisdiction.

    For all purposes, the issue of all marriages null in law, or dissolved by divorce, are deemed to have been born in wedlock. (Emphasis added.)