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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37838
Experience:  16 years real estate, Realtor. Landlord 26 years
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IF A FATHER DIDN'T GIVE S RIGHT DAUGHTER TO BE ADOPTED

Customer Question

IF A FATHER DIDN'T GIVE HIS RIGHT FOR HIS DAUGHTER TO BE ADOPTED CAN THE DAUGHTER INHERIT HIS ESTATE. HE DIDN'T HAVE A WILL AND DIDN'T KNOW SHE HAD BEEN ADOPTED. WHEN HE WORKED HE HAD HER DOWN AS HIS DAUGHTER TO LIFE INSURANCE IF SOMETHING HAPPEN
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello again,

.

I just responded in your other thread to the same question over there. If he wasn't on the birth certificate, then he would not have been considered the child's legal father so the mother could have proceeded with someone else adopting the child without his consent.

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He would have had to have filed a formal paternity case with a DNA test done to confirm paternity if he wasn't on the birth certificate to establish his legal rights to the child.

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So if he wasn't on the birth certificate, and he never filed a paternity case, then legally he would be a stranger to the child.

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But once a child is adopted in NC, that cuts off their rights to inherit through the intestate laws if the biological parent didn't specifically name them in their will.

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thanks

Barrister