Title

Who's Your Daddy?: Challenging the Application of the Best Interest of the Child Standard to Adults and in the Context of an Intestate Estate

Abstract

This article includes a discussion of (1) whether the best interest of the child standard should apply to an adult, (2) whether the best interest of the child standard should apply in the context of an intestate estate, and (3) whether the Kansas Probate Code should defer heirship challenges to the Kansas Parentage Act. The article, following case law from New Mexico and statutes from Georgia, concludes that the best interest of the child standard should not apply to an adult or in the context of an intestate estate. The article proposes an amendment to the Kansas Probate Code.

Disciplines

Estates and Trusts | Family Law

Date of this Version

January 2005