COMMITTEE SUBSTITUTE

FOR

H. B. 2937


(By Delegates Jenkins, Staton and Hines)


(Originating in the Committee on the Judiciary)

[March 3, 1999]


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, 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 specifically for that purpose. The putative child must file such civil action in the circuit court of the county in which the administration of the estate of the decedent has been filed or could be filed. The civil action must 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 there is no such order of the county commission, the civil action must be filed within six months from the date of death of the decedent: Provided, That any 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.