This section sets when a child is treated as the child of a biological father or intended father for inheritance, and when inheritance may be petitioned and determined by probate court.
Sec. 201.052. PATERNAL INHERITANCE. (a) For purposes of inheritance, a child is the child of the child's biological father if: (1) the child is born under circumstances described by Section 160.201, Family Code; (2) the child is adjudicated to be the child of the father by court decree under Chapter 160, Family Code; (3) the child was adopted by the child's father; or (4) the father executed an acknowledgment of paternity under Subchapter D, Chapter 160, Family Code, or a similar statement properly executed in another jurisdiction. (a-1) Notwithstanding Subsection (a), if a child has intended parents, as defined by Section 160.102, Family Code, under a gestational agreement validated under Subchapter I, Chapter 160, Family Code, the child is the child of the intended father and not the biological father unless the biological father is also the intended father. (b) A child described by Subsection (a) or (a-1) and the child's issue shall inherit from the child's father and the child's paternal kindred, both descendants, ascendants, and collateral kindred in all degrees, and they may inherit from the child and the child's issue. (c) A person may petition the probate court for a determination of right of inheritance from a decedent if the person: (1) claims to be a biological child of the decedent and is not otherwise presumed to be a child of the decedent; or (2) claims inheritance through a biological child of the decedent who is not otherwise presumed to be a child of the decedent. (d) If under Subsection (c) the court finds by clear and convincing evidence that the purported father was the biological father of the child: (1) the child is treated as any other child of the decedent for purposes of inheritance; and (2) the child and the child's issue may inherit from the child's paternal kindred, both descendants, ascendants, and collateral kindred in all degrees, and they may inherit from the child and the child's issue. (e) This section does not permit inheritance by a purported father of a child, recognized or not, if the purported father's parental rights have been terminated. (f) This section does not permit inheritance by a child for whom no right of inheritance accrues under Section 201.056 or by the child's issue. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 12, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 7, eff. September 1, 2015.