Sec. 7. (a) For the purpose of inheritance (on the
maternal side) to, through, and from a child born out of wedlock, the
child shall be treated as if the child's mother were married to the child's
father at the time of the child's birth, so that the child and the child's
issue shall inherit from the child's mother and from the child's maternal
kindred, both descendants and collaterals, in all degrees, and they may
inherit from the child. The child shall also be treated as if the child's
mother were married to the child's father at the time of the child's birth,
for the purpose of determining homestead rights and the making of
family allowances.
(b) For the purpose of inheritance (on the paternal side) to, through,
and from a child born out of wedlock, the child shall be treated as if the
child's father were married to the child's mother at the time of the
child's birth, if one (1) of the following requirements is met:
(1) The paternity of a child who was at least twenty (20) years of
age when the father died has been established by law in a cause
of action that is filed during the father's lifetime.
(2) The paternity of a child who was less than twenty (20) years
of age when the father died has been established by law in a cause
of action that is filed:
(A) during the father's lifetime; or
(B) within five (5) months after the father's death.
(3) The paternity of a child born after the father died has been
established by law in a cause of action that is filed within eleven
(11) months after the father's death.
(4) The putative father marries the mother of the child and
acknowledges the child to be his own.
(5) The putative father executed a paternity affidavit in
accordance with IC 31-6-6.1-9(b) (before its repeal).
(6) The putative father executes a paternity affidavit as set forth
in IC 16-37-2-2.1.
(c) The testimony of the mother may be received in evidence to
establish such paternity and acknowledgment, but no judgment shall be
made upon the evidence of the mother alone. The evidence of the
mother must be supported by corroborative evidence or circumstances.
(d) If paternity is established as described in this section, the child
shall be treated as if the child's father were married to the child's
mother at the time of the child's birth, so that the child and the child's
issue shall inherit from the child's father and from the child's paternal
kindred, both descendants and collateral, in all degrees, and they may
inherit from the child. The child shall also be treated as if the child's
father were married to the child's mother at the time of the child's birth,
for the purpose of determining homestead rights and the making of
family allowances.
Formerly: Acts 1953, c.112, s.207. As amended by P.L.50-1987,
SEC.3; P.L.261-1989, SEC.1; P.L.9-1999, SEC.1; P.L.165-2002,
SEC.4; P.L.190-2016, SEC.36.
Notes of Decisions
Regalado v. Est. of Regalado, 933 N.E.2d 512 (Ind. Ct. App. 2010).
· cites it 24× “We hold that a child must show she is a child born out of wedlock before Section 29-1-2-7 is applicable and that there is a genuine issue of material fact as to whether Paula is a child born out of wedlock.”
Lucas v. Est. of Stavos, 609 N.E.2d 1114 (Ind. Ct. App. 1993).
· cites it 9× “CODE § 29-1-2-7(b) or IND.CODE § 31-6-6.1-6(d) in filing her paternity action; rather, Louisiana law controlled her paternity proceedings, at least as they pertained in Louisiana to recognition of Peter as her father.”
Est. of Lamey v. Lamey, 689 N.E.2d 1265 (Ind. Ct. App. 1997).
· cites it 6× “In an attempt to circumvent this "time of death" policy found in our state's probate laws, Uncle asserts Ind.Code § 29-1-2-7 allows him to request paternity blood testing if such request is made within five months of Decedent's death.”
S.M v. v. Littlepage, 443 N.E.2d 103 (Ind. Ct. App. 1982).
· cites it 3× “Under Ind. Code 29-1-2-7(a) an illegitimate child is "treated the same as if he were the legitimate child of his mother, so that he and his issue shall inherit from his mother and from his maternal kindred, both descendants and collaterals, in all degrees, and they may inherit…”
In Re Paternity of Duran, 900 N.E.2d 454 (Ind. Ct. App. 2009).
· cites it 4× “Although Duran qualifies as a person born out of wedlock, which suggests the applica *463 tion of Indiana Code section 29-1-2-7, and as a person who has been adopted, which suggests the application of Indiana Code section 29-1-2-8, we agree that the latter section applies.”
Matter of Paternity of HJF, 634 N.E.2d 551 (Ind. Ct. App. 1994).
· cites it 2× “2d 694 , the interest of a child in establishing paternity is not limited to child support.”
Haskett v. Haskett, 327 N.E.2d 612 (Ind. Ct. App. 1975).
· cites it 3× “§§ 29-1-2-7 and 29-1-3-8 (Burns Code Ed.), supra, required Harry to bear the burden of proving the following contested facts: 1.”
Paternity of H.J.B. Ex Rel. Sutton v. Boes, 829 N.E.2d 157 (Ind. Ct. App. 2005).
· cites it 2× “See Ind.Code § 29-1-2-7(b) (providing that "[flor the purpose of inheritance (on the paternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's father were married to the child's mother at the time of the child's birth, if one…”
In Re the Est. of Long, 804 N.E.2d 1176 (Ind. Ct. App. 2004).
· cites it 2× “He relied on Indiana Code section 29-1-2-7, which provides: For the purpose of inheritance (on the paternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's father were married to the child's mother at the time of the child's…”
D. R. S. v. R. S. H., 412 N.E.2d 1257 (Ind. Ct. App. 1980).
· cites it 2× “Ind.Code § 29-1-2-7 (1976). In creating the action to establish paternity of an illegitimate child and compel the father to contribute to its support, the legislature again sought to soften the rigors of the common law.”
Green v. Est. of Green, 724 N.E.2d 260 (Ind. Ct. App. 2000).
· cites it 2× “” Ind.Code Ann. § 29-1-2-7 (West 1998) provides as follows: (b) For the purpose of inheritance (on the paternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child’s father were married to the child’s mother at the time of the…”
— Ind. Code § 29-1-2-7(a) — 2 cases
S.M v. v. Littlepage, 443 N.E.2d 103 (Ind. Ct. App. 1982).
“Under Ind. Code 29-1-2-7(a) an illegitimate child is "treated the same as if he were the legitimate child of his mother, so that he and his issue shall inherit from his mother and from his maternal kindred, both descendants and collaterals, in all degrees, and they may inherit…”
— Ind. Code § 29-1-2-7(b) — 17 cases
Regalado v. Est. of Regalado, 933 N.E.2d 512 (Ind. Ct. App. 2010).
“We hold that a child must show she is a child born out of wedlock before Section 29-1-2-7 is applicable and that there is a genuine issue of material fact as to whether Paula is a child born out of wedlock.”
Lucas v. Est. of Stavos, 609 N.E.2d 1114 (Ind. Ct. App. 1993).
“CODE § 29-1-2-7(b) or IND.CODE § 31-6-6.1-6(d) in filing her paternity action; rather, Louisiana law controlled her paternity proceedings, at least as they pertained in Louisiana to recognition of Peter as her father.”
Matter of Paternity of HJF, 634 N.E.2d 551 (Ind. Ct. App. 1994).
“2d 694 , the interest of a child in establishing paternity is not limited to child support.”
Paternity of H.J.B. Ex Rel. Sutton v. Boes, 829 N.E.2d 157 (Ind. Ct. App. 2005).
“See Ind.Code § 29-1-2-7(b) (providing that "[flor the purpose of inheritance (on the paternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's father were married to the child's mother at the time of the child's birth, if one…”
Est. of Lamey v. Lamey, 689 N.E.2d 1265 (Ind. Ct. App. 1997).
“In an attempt to circumvent this "time of death" policy found in our state's probate laws, Uncle asserts Ind.Code § 29-1-2-7 allows him to request paternity blood testing if such request is made within five months of Decedent's death.”
— Ind. Code § 29-1-2-7(b)(1)(B) — 1 case
— Ind. Code § 29-1-2-7(b)(2) — 2 cases
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