[Momroe]

Help . . . does merely listing a person as the father on the birth certificate of an illegitimate child afford that child the same rights and privileges of a legitimate child? It is my understanding that you just provide them a name and it goes on the certificate even if it is not correct. Is being named on a birth certificate as the father sufficient to give an illegitimate child rights as an heir even if the person named is not their father?

[aaron]

Ordinarly, to establish paternity, there must either be a paternity lawsuit, or the putatitive father must execute an affidavit of paternity.

If the father is named to a child's birth certificate by the action of the mother, but he is not married to the mother and paternity is not established as required by law, that of itself would not ordinarily suffice to create inheritance rights.

[Momroe]

Can you cite any case law where there was not an affadavit of paternity but the putative father's name does appear on the birth certificate (at mother's action) and there was challenge of paternity where the outcome was in favor of the mother and child? Please help. Thanks.

[aaron]

You may be able to find case law through a free legal research service such as LexisOne.