Would the Uniform Probate Code 2-114(c) apply to Alabama law?
If not, could UPC 2-114 be overturned or enforced by a superior court?
The Uniform Probate Code provision was revised in 1990 to expand
application of the rule to both fathers and mothers. The current version of the Uniform Probate Code, Section 2-114(c) provides:
Inheritance from or through a child by either natural parent or
his [or her] kindred is precluded unless that natural parent has
openly treated the child as his [or hers], and has not refused to
support the child.
It should be noted that this version applies as well to both marital and
nonmarital natural parents. See § 2-114(a); see also Monopoli, 49 U. Miami L. Rev