31-2-105 - Parent-child relationship. - Tennessee Statutes

31-2-105. Parent-child relationship.

(a)  If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person:

     (1)  An adopted person is the child of an adopting parent and not of the natural parents except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent; and

     (2)  In cases not covered by subdivision (a)(1), a person born out of wedlock is a child of the mother. That person is also a child of the father, if:

          (A)  The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or

          (B)  The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof, but the paternity established under this subdivision (a)(2)(B) is ineffective to qualify the father or the father's kindred to inherit from or through the child unless the father has openly treated the child as the father's, and has not refused to support the child.

(b)  In no event shall a parent be permitted to inherit through intestate succession until all child support arrearages together with interest thereon at the legal rate of interest computed from the date each payment was due have been paid in full to the parent ordered to receive support or to the parent's estate if deceased.

(c)  Nothing in this section shall be construed to prevent a child from inheriting from a parent through intestate succession.

[Acts 1977, ch. 25, § 4; 1978, ch. 763, § 3; T.C.A., § 31-206; Acts 1986, ch. 580, § 5; 1994, ch. 939, § 2.]