Wills, Trusts, and Estates

Nonmarital Child


Though historically a child born out of wedlock could not inherit from either parent, all states now allow nonmarital children to inherit from their mothers, and most from their fathers.

Under UPC § 2-705(e), a nonmarital child counts as child of his father if the father "functioned as a parent of the child before the child reached [18] years of age."

Under VA Code § 64.2-102, a nonmarital child counts as child of his father if [t]he biological parents participated in a marriage ceremony before or after the birth of the child or [p]aternity is established by clear and convincing evidence, including scientifically reliable genetic testing, as set forth in § 64.2-103. VA Code § 64.2-102(3).

  • However, this does not allow inheritance to pass back up from the child to the father and his family unless the father has openly treated the child as his and has not refused to support the child. VA Code § 64.2-102(3)(b).