H. B. 2937
(By Delegates Jenkins, Staton and Hines)
[Introduced February 26, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section five, article one, chapter
forty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to recognizing the
natural right of a child born out of wedlock to inherit from
his or her father, if the fact of paternity can be proved.
Be it enacted by the Legislature of West Virginia:
That section five, article one, chapter forty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. DESCENT.
§42-1-5. From whom children born out of wedlock inherit.
(a) Bastards Children born out of wedlock shall be capable
of inheriting and transmitting inheritance on the part of their
mother. as if lawfully begotten
(b) Children born out of wedlock shall be capable of inheriting and transmitting inheritance on the part of their
father, if the paternity is established:
(1) Before the death of the father by an adjudication or
acknowledgment pursuant to the provisions of article six of
chapter forty-eight-a of this code; or
(2) After the death of the father by clear and convincing
proof in a civil action filed for that purpose. Such civil
action shall be filed for that purpose. Such civil action shall
be filed by the putative child in the circuit court of the county
in which the administration of the estate of the decedent has
been filed or could be filed and shall be filed within six months
of the date of the final order of the county commission admitting
the decedent's will to probate or commencing intestate
administration, if any, or if none, within six months from the
date of death of the decedent: Provided, That any such putative
child who at the date of death of the decedent is under the age
of eighteen years, a convict, or a mentally incapacitated person
may file such civil action within six months after he or she
becomes of age or the disability ceases.
NOTE: The purpose of this bill is to remove the pejorative
term, "bastard," and recognize the entitlement of a child born
out of wedlock to inherit, if provable, from his or her father.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Email
Webmaster | © 2024 West Virginia Legislature **
