Parent And Child Relationship - Intestate Succession - Probate - CA

Section § 6450

This law explains that for inheritance purposes, a parent-child relationship can determine who inherits from someone who dies without a will, also known as intestate succession. It states that a parent-child relationship exists both with one's biological parents, no matter if they were married or not, and with adoptive parents.

Subject to the provisions of this chapter, a relationship of parent and child exists for the purpose of determining intestate succession by, through, or from a person in the following circumstances:

(a) The relationship of parent and child exists between a person and the person’s natural parents, regardless of the marital status of the natural parents.

(b) The relationship of parent and child exists between an adopted person and the person’s adopting parent or parents.

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Section § 6451

This law explains how adoption affects inheritance rights and the parent-child relationship. Generally, when someone is adopted, their legal ties to their biological parents are cut off. However, if the adopted person and their biological parent lived together as a family at any point, or if the biological parent was married to the other parent when the child was conceived but died before the child was born, and the adoption was by a spouse of a biological parent or after one parent's death, these ties might remain.

Inheritance from the adopted person by their biological relatives is generally not allowed, except for full siblings or their children, unless the adoption was carried out by the biological parent's spouse. Additionally, previous adoptive parent-child relationships are treated like natural parent-child relationships for these provisions.

(a) An adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of the following requirements are satisfied:

(1) The natural parent and the adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the person’s birth.

(2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents.

(b) Neither a natural parent nor a relative of a natural parent, except for a wholeblood brother or sister of the adopted person or the issue of that brother or sister, inherits from or through the adopted person on the basis of a parent and child relationship between the adopted person and the natural parent that satisfies the requirements of paragraphs (1) and (2) of subdivision (a), unless the adoption is by the spouse or surviving spouse of that parent.

(c) For the purpose of this section, a prior adoptive parent and child relationship is treated as a natural parent and child relationship.

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Section § 6452

This law explains situations where a parent cannot inherit from their child when the child passes away without a will. A parent is not eligible to inherit if: 1) their parental rights were legally terminated and not restored, 2) they never acknowledged the child, or 3) they abandoned the child, making no effort to support or communicate for at least seven years during the child's youth, indicating intent to abandon. In these cases, the law treats the parent as if they passed away before the child, and the child's inheritance is distributed according to other legal guidelines.

(a) A parent does not inherit from or through a child on the basis of the parent and child relationship if any of the following apply:

(1) The parent’s parental rights were terminated and the parent-child relationship was not judicially reestablished.

(2) The parent did not acknowledge the child.

(3) The parent left the child during the child’s minority without an effort to provide for the child’s support or without communication from the parent, for at least seven consecutive years that continued until the end of the child’s minority, with the intent on the part of the parent to abandon the child. The failure to provide support or to communicate for the prescribed period is presumptive evidence of an intent to abandon.

(b) A parent who does not inherit from or through the child as provided in subdivision (a) shall be deemed to have predeceased the child, and the intestate estate shall pass as otherwise required under Section 6402.

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Section § 6453

This law explains how to determine if someone is a 'natural parent' in legal terms. The parent-child relationship is automatically recognized if it's presumed and not disproved according to the Uniform Parentage Act. You can also establish this relationship using other parts of the Parentage Act, but there are exceptions. If seeking parentage recognition through Section 7630(c) of the Family Code, one of the following must be true: either there's a court order made while the parent was alive, there's strong evidence the parent openly claimed the child as their own, or it was impossible for the parent to do so, with proof like DNA evidence. Additionally, parentage can be established according to Section 249.5.

For the purpose of determining whether a person is a “natural parent” as that term is used in this chapter:

(a) A natural parent and child relationship is established where that relationship is presumed and not rebutted pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code).

(b) A natural parent and child relationship may be established pursuant to any other provisions of the Uniform Parentage Act, except that the relationship may not be established by an action under subdivision (c) of Section 7630 of the Family Code unless any of the following conditions exist:

(1) A court order was entered during the parent’s lifetime declaring parentage.

(2) Parentage is established by clear and convincing evidence that the parent has openly held out the child as that parent’s own.

(3) It was impossible for the parent to hold out the child as that parent’s own and parentage is established by clear and convincing evidence, which may include genetic DNA evidence acquired during the parent’s lifetime.

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Section § 6454

This law determines when a foster or stepparent can be considered as a parent for inheritance purposes if a person dies without a will. First, the relationship must have started when the person was a minor and lasted throughout their lives. Second, it's necessary to prove that the foster or stepparent wanted to adopt the person but couldn't due to some legal issue.

For the purpose of determining intestate succession by a person or the person’s issue from or through a foster parent or stepparent, the relationship of parent and child exists between that person and the person’s foster parent or stepparent if both of the following requirements are satisfied:

(a) The relationship began during the person’s minority and continued throughout the joint lifetimes of the person and the person’s foster parent or stepparent.

(b) It is established by clear and convincing evidence that the foster parent or stepparent would have adopted the person but for a legal barrier.

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Section § 6455

This law states that the concept of equitable adoption, which is a court-recognized relationship granting adopted children similar rights as biological children, is not changed by anything in this chapter. It ensures that children who were considered equitably adopted still benefit from legal rights as though they were officially adopted.

Nothing in this chapter affects or limits application of the judicial doctrine of equitable adoption for the benefit of the child or the child’s issue.

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