2017 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 2 - INTESTATE SUCCESSION AND WILLS
Section 62-2-109. Meaning of child and related terms.

Universal Citation: SC Code § 62-2-109 (2017)

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) From the date the final decree of adoption is entered, and except as otherwise provided in Section 63-9-1120, 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.

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

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

(ii) the paternity is established by an adjudication commenced before the death of the father or within the later of eight months after the death of the father or six months after the initial appointment of a personal representative of his estate and, if after his death, by clear and convincing proof, except that the paternity established under this subitem (ii) is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his and has not refused to support the child.

(3) A person is not the child of a parent whose parental rights have been terminated under Section 63-7-2580 of the 1976 Code, except that the termination of parental rights is ineffective to disqualify the child or its kindred to inherit from or through the parent.

HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 4; 1990 Act No. 521, Section 15; 1997 Act No. 152, Section 6; 2013 Act No. 100, Section 1, eff January 1, 2014.

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