Doner-Griswold

I reluctantly concur. The relevant case law strongly suggests that a father who admits paternity in court with no subsequent disclaimers “acknowledge^] the child” within the meaning of subdivision (a) of Probate Code section 6452. Moreover, neither the statutory language nor the legislative history supports an alternative interpretation. Accordingly, we must affirm the judgment of the Court of Appeal.

Nonetheless, I believe our holding today contravenes the overarching purpose behind our laws of intestate succession—to carry out “the intent a decedent without a will is most likely to have had.” (16 Cal. Law Revision Com. Rep. (1982) p. 2319.) I doubt most children bom out of wedlock would have wanted to bequeath a share of their estate to a “father” who never contacted them, never mentioned their existence to his family and friends, and only paid court-ordered child support. I doubt even more that these children would have wanted to bequeath a share of their estate to that father’s other offspring. Finally, I have no doubt that most, if not all, children bom out of wedlock would have balked at bequeathing a share of their estate to a “forensic genealogist.”

To avoid such a…

Section 6452 of the Probate Code (all statutory references are to this code unless otherwise indicated) bars a “natural parent” or a relative of that parent from inheriting through a child bom out of wedlock on the basis of the parent and child relationship unless the parent or relative “acknowledged the child” and “contributed to the support or the care of the child.” In this case, we must determine whether section 6452 precludes the half siblings of a child born out of wedlock from sharing in the child’s intestate estate where the record is undisputed that their father appeared in an Ohio court, admitted paternity of the child, and paid court-ordered child support until the child was 18 years old. Although the father and the out-of-wedlock child apparently never met or communicated, and the half siblings did not learn of the child’s existence until after both the child and the father died, there is no indication that the father ever denied paternity or knowledge of the out-of-wedlock child to persons who were aware of the circumstances.

Since succession to estates is purely a matter of statutory regulation, our resolution of this issue requires that we ascertain the…