Here's the story. My husband may have fathered a daughter before we ever met. He was not named on the birth certificate and the biological mother had relations with other men during the same time frame. The girl was legally adopted by another married couple. She made contact with the birth mother a few years ago. The birth mother gave her my husbands name. She contacted me some 8 years ago. I gave my husband all of the information, but he had no desire to meet with her. Fast forward to this past year. She contacted our daughter and is saying she could force my husband to take a DNA test. My question is, is this true and if she were proven to be his biological child, would she have any claims to our estate?:confused:

Talk to a lawyer, leave her $100 or something in the will, if she proves she is biological daughter...

I don't suppose you have to give her anything, but I personally think your hubby should quit trying to dodge the issue and give the woman some closure.

Nothing says you have to do what other's would consider to be the right thing. Just because she wasn't in his life doesn't excuse him from morality if he is the true father... also consider what her life has been like... and if her adoptive family is providing for her...

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Originally Posted by cpitrebee1

Here's the story. My husband may have fathered a daughter before we ever met. He was not named on the birth certificate and the biological mother had relations with other men during the same time frame. The girl was legally adopted by another married couple. She made contact with the birth mother a few years ago. The birth mother gave her my husbands name. She contacted me some 8 years ago. I gave my husband all of the information, but he had no desire to meet with her. Fast forward to this past year. She contacted our daughter and is saying she could force my husband to take a DNA test. My question is, is this true and if she were proven to be his biological child, would she have any claims to our estate?:confused:

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In NYS she cannot force DNA testing if the parties are adults; if somehow a DNA is done and she is your husband's daughter then, yes, she is entitled to inherit from HIS estate (not yours) and that would have to be covered in his Will; I think I personally would cover the issue of a "possible" daughter with an Attorney, possibly written into the Will; I think she is looking for closure but contacting your daughter with what could be perceived to be a threat (forcing a DNA test) could be considered harassment. I'll leave the moral issues and your husband's responsibilities to someone else -

I don't think she can force your husband to take a DNA test. And if she were proven to be his daughter she wouldn't have any claim to his estate if his will stipulates otherwise. Without a will, she could try to establish a claim as a lawful heir.

As a adopt chid, she can not force it, but you should get it, this will leave the estate clear if there is a large estate latter or some claim.

Also it will clear it up.

But your hasband can not be forced to see or talk to this girl if he does not want to.

I may be wrong but... Since the adult daughter was adopted, she would have no right to the biological father's estate. Had she not been adopted out, that would be a different story.

Again I may be wrong here, but just my thoughts.

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Originally Posted by JudyKayTee

In NYS she cannot force DNA testing if the parties are adults;

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Correct-she cannot force DNA testting in all states.

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Originally Posted by JudyKayTee

if somehow a DNA is done and she is your husband's daughter then, yes, she is entitled to inherit from HIS estate

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No-the adoption was occurred and in this way ALL ties between a child and his/her biological parents are cut...
A child may pretend to inheritance rights only if a parent/parents died before adoption.

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Originally Posted by GV70

Correct-she cannot force DNA testting in all states.

No-the adoption was occured and in this way ALL ties between a child and his/her biological parents are cut...
A child may pretend to inheritance rights only if a parent/parents died before adoption.

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The fact that a person is not entitled to inherit doesn't mean he/she won't ATTEMPT to inherit - I'd still head this one off by discussing with an Attorney and perhaps covering by Will. You can hold up an estate for (literally) years and burn up estate money if you don't cover all the bases involving possible heirs.

Birth Parents in Relation to Adopted Person
Citation: Cons. Stat. Tit. 755, § 5/2-4(b), (d)

The natural parent and relatives shall take from the adopted person and the adopted person's kindred the property that the adopted person has taken from or through the natural parent or relatives by gift, will, or under intestate laws.

For purposes of inheritance from or through a natural parent, an adopted child is not a child of a natural parent, nor is the child a descendant of a natural parent or of any lineal or collateral kindred of a natural parent, unless one or more of the following conditions apply:

The child is adopted by a descendant or a spouse of a descendant of a great-grandparent of the child, in which case the adopted child is a child of both natural parents.
A natural parent of the adopted child died before the child was adopted, in which case the adopted child is a child of that deceased parent and an heir of the lineal and collateral kindred of that deceased parent.The contrary intent is demonstrated by the terms of the instrument by clear and convincing evidence.
Ch. Code Art. 1240; 1256(C)
Upon adoption, the birth parent and relatives of the adopted person are relieved of all of their legal duties and divested of all of their legal rights with regard to the adopted person, including the right of inheritance from the adopted person.


ALL STATES HAVE SIMILAR STATUTES...