How To Prove Parentage

[Cathys]

My husband was not married when he and his daughter's mother gave birth to a girl in 1970 in Virginia. The birth certificate states he and the biological mother are the parents, and the girl has her father's last name. The father remained in his daughter's life, until the day she was killed by a drunk driver in Virginia 2003.

All of a sudden, because of a piece of property that was in the daughter's name(but her grandmother lived in until she recently passed away), the mother has claimed the father is not the father, never paid child support, etc.

Doesn't the birth certificate, the death certifcate and the funeral bill her daddy arranged(stating it was for his daughter) mean anything legally?

They say because a legal notorized document wasn't filed by the father is one issue. He has been a part of her life always until she passed.

Can anyone help me? how can we prove parentage in VA after the daughter has passed and was 33 when she passed.

[GV70]

how can we prove parentage in VA after the daughter has passed and was 33 when she passed...
The birth certificate states he and the biological mother are the parents, and the girl has her father's last name.

In my view you answered the queston.

[Cathys]

Thank you......

[Cathys]

Not really. We are back at the state of NC wants something signed by a court by the father, which was not done. Although we still have his name on the birth certificate, death certificate, and the daughter bears or fathers name on the birth certificate.....

Don't know what else to do.

[GV70]

§ 32.1-257. Filing birth certificates; from whom required; signatures of parents.
D. If the mother of a child is not married to the natural father of the child at the time of birth or was not married to the natural father at any time during the ten months next preceding such birth, the name of the father shall not be entered on the certificate of birth without a sworn acknowledgment of paternity, executed subsequent to the birth of the child, of both the mother and of the person to be named as the father.
§ 20-49.4. Evidence relating to parentage
4. Evidence of the alleged parent consenting to or acknowledging, by a general course of conduct, the common use of such parent's surname by the child;
§ 20-49.1. How parent and child relationship established.

B. The parent and child relationship between a child and a man may be established by:

2. A voluntary written statement of the father and mother made under oath acknowledging paternity...Written acknowledgments of paternity made under oath by the father and mother prior to July 1, 1990, shall have the same legal effect as a judgment entered pursuant to § 20-49.8.

I am really confused what state of NC wants...

[Cathys]

GV70

You really know the laws...I am doing my best, so please bear with me, as my husband is having such a hard time. My husband was 17 when is daughter was born. When you speak about the birth certificate I understand what you mean. I know it was both consentual(sp) and his daughter was given his name. We have been asked about written documents. I don't know of any. He stayed in contact with the mother always(back and forth sometimes) and was always in his daughter's life.

I just don't know or how to find any "written or executed instrument". Basically, that is what NC wants, something that was put in writing.
I found a site, The Virginia Putative Father Registry which I thought about inquiring to them.

Such a shame to do this to him 38 years later.
Thank you so very much for your help

[GV70]

GV70

You really know the laws...I am doing my best, so please bear with me, as my husband is having such a hard time. My husband was 17 when is daughter was born. When you speak about the birth certificate I understand what you mean. I know it was both consentual(sp) and his daughter was given his name. We have been asked about written documents. I don't know of any. He stayed in contact with the mother always(back and forth sometimes) and was always in his daughter's life.

I just don't know or how to find any "written or executed instrument". Basically, that is what NC wants, something that was put in writing.
I found a site, The Virginia Putative Father Registry which I thought about inquiring to them.

Such a shame to do this to him 38 years later.
Thank you so very much for your help

Instrument
n. 1) a written legal document such as a contract, lease, deed, will or bond.A "notarial act" means any act that a Notary is authorized to perform and includes, without limitation, attestation, the taking of an acknowledgment, the administration of an oath or affirmation, the taking of a verification upon an oath or affirmation, and the certification of a copy.
In my view birth certificate, the death certifcate and the funeral bill ARE deeds and "written or executed instruments".
Maybe you need a notarized copy of BC or DC or both...
States laws varies but here in Pa it would be enough to prove your claim.
The Virginia Putative Father Registry will not help you.
Best regards,
George

[Cathys]

George, Thank you so much. I was just doing some research and found something else.

In ref to NC $29-19 Succession by through and from illegitiimate children

It goes on with provisions for the father to be adjudged, etc, but I found this interesting.

"Notwithstanding the above provisions,

(d) Any person who acknowledges himself to be the father of an illegitimate child in his duly probated last will shall be deemed to have intended that such child be treated as expressly provided for in said will or, in the absence of any express provision, the same as legitimate child.

Our will has not been changed(which I was just going to, should have) and we of course left our house and everything to our daughter(I'm stepmom). Can this be an instrument too? Am I reading this correctly?

Thanks,
Donna
Having hard time with NC

[GV70]

AND
(b) For purposes of intestate succession, an illegitimate child shall be entitled to take by, through and from:
2.Any person who has acknowledged himself during his own lifetime and the child's lifetime to be the father of such child in a written instrument executed or acknowledged before a certifying officer named in G.S. 52 10(b) and filed during his own lifetime and the child's lifetime in the office of the clerk of superior court of the county where either he or the child resides.

§ 52‑10.(b) Such certifying officer shall be a notary public, or a justice, judge, magistrate, clerk, assistant clerk or deputy clerk of the General Court of Justice, or the equivalent or corresponding officers of the state, territory or foreign country where the acknowledgment is made. Such officer must not be a party to the contract.

You have to get a copy ...BTW you can try to offer your will as an evidence,but I am not so competent in NC law.

[Cathys]

I'm sorry to keep bothering you. But what do we get a copy of? They keep saying we need the said "instruments". ? My husband did not go to court to my knowledge. Unless paperwork is filed once he signed the birth certificate. And she is passed now.

Just don't know.

Thank you again,
Donna