Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.222 (2026)

Biological child — inherit from father

✓ Iowa Code 2026 (laws through the 2025 session)
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Unless the child has been adopted, a biological child inherits from the child’s biological father if the evidence proving paternity is available during the father’s lifetime, or if the child has been recognized by the father as his child; but the recognition must have been general and notorious, or in writing. Under such circumstances, if the recognition has been mutual, and the child has not been adopted, the father may inherit from his biological child. [C51, §1416, 1417; R60, §2442, 2443; C73, §2466, 2467; C97, §3385; C24, 27, 31, 35, 39, §12031; C46, 50, 54, 58, 62, §636.46; C66, 71, 73, 75, 77, 79, 81, §633.222] 86 Acts, ch 1086, §1; 94 Acts, ch 1046, §28 Referred to in §633.3, 633.210

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Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1971–2024 · leading case: Evjen v. Novotny ex rel. Novotny, 448 N.W.2d 23 (Iowa 1989).
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Evjen v. Novotny ex rel. Novotny, 448 N.W.2d 23 (Iowa 1989). · cites it 12× “” Iowa Code § 633.222 (1989). The principal issue in this ease is whether a putative father, who died approximately a week after learning of the pregnancy of the mother, generally and notoriously recognized the child for purposes of section 633.”
Labine v. Vincent, 401 U.S. 532 (1971). · cites it 2× “§ 6-207 (1953) [adjudication of paternity required]; Iowa Code § 633.222 (1971); Kan. Stat. Ann.”
Est. of Hawk v. Lain, 329 N.W.2d 660 (Iowa 1983). · cites it 4× “18; and (2) she is entitled to inherit under Iowa Code section 633.222 even if she was not legitimatized because of Hawk’s “general and notorious” recognition of her as his child.”
Beeler v. Astrue, 651 F.3d 954 (8th Cir. 2011). · cites it 2× “220, but thought she qualified under Iowa Code § 633.222 . That section, entitled “Biological child — inherit from father,” provides that a biological child inherits from her biological father if [1] “the evidence proving paternity is available during the father’s lifetime, or…”
Catholic Charities of Archdiocese of Dubuque v. Zalesky, 232 N.W.2d 539 (Iowa 1975). · cites it 2× “Webster's Third New International Dictionary (1966) (" Putative * * * commonly * * * supposed * * * reputed * * * assumed * * *.") The second burden I would place on an unwed and non-caring father who has never assumed custody would be to establish his fitness and ability to…”
Abkes v. Apfel, 30 F. Supp. 2d 1149 (N.D. Iowa 1998). · cites it 4× “Alice also claims that reliance on Iowa’s intestacy statute, Iowa Code § 633.222 , in determining dependency under 42 U.”
Pamela J. Mohr v. Jonathon Langerman, No. 13-1422, 2014 WL 5243364 (Iowa Ct. App. Oct. 15, 2014). · cites it 40× “The Court lends less weight to her testimony concerning what occurred thereafter, including the time after Jerry Dean Mohr’s death.”
In the Matter of the Est. of Ross C. River, 6 N.W.3d 13 (Iowa Ct. App. 2024). · cites it 12× “See Iowa Code § 633.222 . The district court granted summary judgment against Claeys because he failed to create a genuine issue of material fact that River had recognized Claeys as his son generally and notoriously or in writing.”
In the Matter of the Est. of Jerry Dean Mohr, Jonathon Langerman, No. 16-1474 (Iowa Ct. App. July 19, 2017). · cites it 6× “Though we agreed with Pamela that section 633.222 requires proof of both paternity and recognition to establish heirship, Pamela, as the petitioner seeking the declaration, had the burden of proving the negative of either proposition to prevail.”
Langerman v. Mohr, 972 N.W.2d 221 (Iowa Ct. App. 2021). · cites it 3× “The district court correctly set out the relevant law, admittedly with some faulty citations, which we have corrected below: Iowa Probate Code section 633.222 relates to the rights of biological children and establishes how a biological child can establish “legitimacy” for…”
In the Interest of D.T., Minor Child, 967 N.W.2d 223 (Iowa Ct. App. 2021). · cites it 2× “” Iowa Code § 633.222 . The Social Security Administration has opined that those inheritance rights survive termination of parental rights.”
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