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My fiancé told me about a baby he thought it was his and has

his name but the mother...
My fiancé told me about a baby he thought it was his and has his name but the mother told him 3 months later that it is not his. 24 years later the daughter contact him and has lots of questions. She was born in California and lives there. We live in Illinois. My fiancé is asking her to do a DNA test but she keeps avoiding it. What legal rights she has by carrying his name?
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9/9/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

At this point, even if the child is his, it is TOO LATE for the mother to file for any child support. So this is NOT an issue here.

As for other rights, there really are not any. The child is now an adult, and no custody/child support issues exist. The only right she may have as a biological child (IF she is his) if to inherit a part of his estate if:

1) He does not leave a will, or
2) He leaves a will but states that the assets are for "all" his children.

However, if he leaves a will but specifically states that she does not inherit anything, then she does not.

Aside from this, there are no other rights to discuss.

CHILD SUPPORT to mother - too late
CUSTODY - not applicable
CHILD SUPPORT directly to daughter - no such thing
INHERITANCE - see above.

He does not have to agree to a DNA test unless he wants to at this point.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
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Customer reply replied 4 years ago
He wants to take the test because there is another scenario that he might be the father and the mother lied to him. Also he says that if he is not the father why should she carry his name.
I see.

He can take the test, yes. However, since she (the daughter) is an adult, regardless of whether or not she is his daughter or not, she cannot be made to change her name formally unless she agrees to do so.

So if she ended up carrying his name but not being his daughter from the time that the mother put the name on the birth certificate, it is too late. HAD THE DAUGHTER STILL BEEN A MINOR, he could file in court to adjudicate paternity, confirm that it is not his and if so, have the Court order his surname to be taken off. However, since the daughter is now an adult, this is not possible.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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Customer reply replied 4 years ago
If she is his and we decide to get married what are her rights and also I have been with him for many years can she claim what he owns and if we get married his life insurance his pension his social security?
If she is his and we decide to get married what are her rights

They DO NOT CHANGE from the above:

CHILD SUPPORT to mother - too late
CUSTODY - not applicable
CHILD SUPPORT directly to daughter - no such thing
INHERITANCE - can claim a partial share if there is no will or the will states to "all" children, or can be written out by will.

and also I have been with him for many years can she claim what he owns

No. There is no such right.

and if we get married his life insurance

No. If he has designated you as his beneficiary, then you stay that way.

his pension

No.

his social security?

As an adult, not unless she is disabled. If she is disabled, she can claim benefits but they do not negate yours. Otherwise, she cannot.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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Customer reply replied 4 years ago
What about what I own properties house if we get married will she get mine? I have 2 kids of my own from prior marriage
What about what I own properties house if we get married will she get mine?

Not at all. That remains your own separate property and she would have no claim to it under Ca Fam § 770. I am assuming that nothing would "happen" to you, of course, prior to him passing. But with proper planning, you can keep the home out of her hands even if you do pre-decease him.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely
Ely, Counselor at Law
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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