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Law of Wills, 2016A

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legitimate from and through the child's father, the other children <strong>of</strong> his or her father, and<br />

any other paternal kin;<br />

(3) In distributions under this Code section, the children <strong>of</strong> a deceased child born out <strong>of</strong> wedlock<br />

shall represent that deceased child.<br />

South Carolina Probate Code<br />

§ 62-2-109. Meaning <strong>of</strong> child and related terms.<br />

If, for purposes <strong>of</strong> intestate succession, a relationship <strong>of</strong> parent and child must be established to<br />

determine succession by, through, or from a person:<br />

(1) from the date the final decree <strong>of</strong> adoption is entered, and except as otherwise provided in § 20-7-<br />

1825, an adopted person is the child <strong>of</strong> an adopting parent and not <strong>of</strong> the natural parents except that<br />

adoption <strong>of</strong> a child by the spouse <strong>of</strong> a natural parent has no effect on the relationship between the<br />

child and that natural parent.<br />

(2) In cases not covered by (1), a person born out <strong>of</strong> wedlock is a child <strong>of</strong> the mother. That person<br />

is also a child <strong>of</strong> the father if:<br />

(i) the natural parents participated in a marriage ceremony before or after the birth <strong>of</strong> the<br />

child, even though the attempted marriage is void; or<br />

(ii) the paternity is established by an adjudication commenced before the death <strong>of</strong> the father<br />

or within the later <strong>of</strong> eight months after the death <strong>of</strong> the father or six months after the initial<br />

appointment <strong>of</strong> a personal representative <strong>of</strong> his estate and, if after his death, by clear and<br />

convincing pro<strong>of</strong>, except that the paternity established under this subitem (ii) is ineffective to<br />

qualify the father or his kindred to inherit from or through the child unless the father has<br />

openly treated the child as his and has not refused to support the child.<br />

(3) A person is not the child <strong>of</strong> a parent whose parental rights have been terminated under §20-7-<br />

1574 <strong>of</strong> the 1976 Code, except that the termination <strong>of</strong> parental rights is ineffective to disqualify the<br />

child or its kindred to inherit from or through the parent.<br />

McKinney’s Consolidated <strong>Law</strong>s <strong>of</strong> New York Annotated<br />

§ 4-1.2 Inheritance by non-marital children<br />

(a) For the purposes <strong>of</strong> this article:<br />

(1) A non-marital child is the legitimate child <strong>of</strong> his mother so that he and his<br />

Issue inherit from his mother and from his maternal kindred.<br />

(2) A non-marital child is the legitimate child <strong>of</strong> his father so that he and his issue inherit<br />

from his father and his paternal kindred if:<br />

(A) a court <strong>of</strong> competent jurisdiction has, during the lifetime <strong>of</strong> the father, made an<br />

order <strong>of</strong> filiation declaring paternity or the mother and father <strong>of</strong> the child have<br />

executed an acknowledgment <strong>of</strong> paternity pursuant to section four thousand one<br />

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