California Court of Appeal

Denial of a petition under Probate Code section 6453(b)(2), which states that a nonmarital child may establish that he or she is the natural child of an intestate decedent by proving the decedent "openly held out the child as his own," is affirmed where: 1) the statute requires the alleged father to have made an unconcealed affirmative representation of his paternity in open view; and 2) section 6453(b)(2) does not violate the state or federal equal protection rights of nonmarital children or of nonmarital children who can prove paternity using DNA tests.

Appellate Information

• Decided 04/23/2015
• Published 04/23/2015

Judges

• Fybel

Court

• California Court of Appeal

Counsel