Lozano

This appeal raises a single legal issue: whether, in order to bring a wrongful death action, the father of a child bom out of wedlock must have acknowledged the child (1) after the child’s birth (2) in a written and witnessed document. We conclude the statutes impose no such requirements, and we affirm the judgment in favor of the father.

Factual and Procedural History

On October 3, 1994, 10-month-old Raymond Anthony Lozano was killed instantly in an automobile accident. The car in which he was riding was being driven by his mother, defendant Angela Scalier. The liability of defendant for the death of young Raymond is not disputed.

Nor is it disputed that plaintiff Efren Lozano is the natural father of Raymond. Plaintiff and defendant never married. However, defendant and Raymond stayed with plaintiff 50-60 percent of the time during Raymond’s life. Plaintiff purchased a number of items for Raymond—e.g., crib, stroller, car seat, bedding, diapers, toys, formula and bottles. Plaintiff repeatedly told family members and others that he was Raymond’s father. Plaintiff was named as the father on Raymond’s birth certificate. Five months before Raymond’s birth, plaintiff…