SECTION 2-117. NO DISTINCTION BASED ON MARITAL STATUS. Uniform Probate Code

SECTION 2-117. NO DISTINCTION BASED ON MARITAL STATUS. Uniform Probate Code
Except as otherwise provided in Sections 2-114, 2-119, 2-120, or 2-121, a parent-child relationship exists between a child and the child’s genetic parents, regardless of the parents’ marital status.
Comment
Scope. This section, adopted in 2008, provides the general rule that a parent-child relationship exists between a child and the child’s genetic parents, regardless of the parents’ marital status. Exceptions to this general rule are contained in Sections 2-114 (Parent Barred from Inheriting in Certain Circumstances), 2-119 (Adoptee and Adoptee’s Genetic Parents), 2- 120 (Child Conceived by Assisted Reproduction Other than Child Born to Gestational Carrier), and 2-121(Child Born to Gestational Carrier).
This section replaces former Section 2-114(a), which provided: “(a) Except as provided in subsections (b) and (c), for purposes of intestate succession by, through, or from a person, an individual is the child of his [or her] natural parents, regardless of their marital status. The parent and child relationship may be established under [the Uniform Parentage Act] [applicable state law] [insert appropriate statutory reference].”

50

Defined Terms. Genetic parent is defined in Section 2-115 as the child’s genetic father or genetic mother. Genetic mother is defined as the woman whose egg was fertilized by the sperm of a child’s genetic father. Genetic father is defined as the man whose sperm fertilized the egg of a child’s genetic mother.