How to Establish Parentage for an Inheritance Claim in Indiana

Short answer: Even when a father’s name is not on a birth certificate, Indiana law allows a person to prove parentage for inheritance. Common paths include voluntary acknowledgment, a court paternity proceeding (which can use DNA), or a court order to amend the birth record. You will likely need to present the court with genetic testing or other reliable evidence before a probate court will recognize you as an heir.

Detailed answer — Steps and legal basis

Indiana law treats biological parentage and legal parentage as matters that can be established after birth. For inheritance, the probate court determines heirs under Indiana’s probate rules. The probate code and family law provisions control how parentage is established and how intestate succession is handled. See Indiana Code, Title 29 (Probate) and Title 31 (Children and Family Law) for governing provisions: Indiana Code — Title 29 (Probate) and Indiana Code — Title 31 (Children and Family Law).

Common ways to prove you are your father’s child in Indiana:

Voluntary Acknowledgment of Paternity — If the father is alive and willing, he can sign an acknowledgement of paternity. That signed document can be used to establish legal parentage and may allow amendment of a birth record. The Indiana Department of Health has information on paternity acknowledgment forms and processes: Indiana Vital Records — Paternity.
Court Paternity Proceeding — If the father will not voluntarily acknowledge paternity (or is deceased), you can ask a court to establish paternity. A family or probate court can order genetic testing. Courts routinely admit DNA evidence to decide parentage. A court order declaring paternity creates legal parentage for inheritance purposes.
Genetic (DNA) Evidence — DNA testing is the most direct route. If the biological father is deceased, DNA can sometimes be obtained from the father’s stored medical samples, archived tissue, or from close biological relatives (siblings, other children, parents) to support a relationship. In some cases the court may permit exhumation for testing, but that requires a court order and strong justification.
Amendment of Birth Record or Legitimation — After a court determines paternity, you can often use that order to amend the birth certificate or to record the legal parentage. A court order recognizing parentage is strong evidence for a probate court considering heirship.
Probate or Heirship Proceedings — When someone dies intestate (without a will), the probate court follows the intestacy rules to identify heirs. If a person claims to be a child of the decedent, but the birth certificate does not show the decedent as the parent, the claimant must provide evidence (court paternity order, DNA results, affidavits, records) to be recognized as an heir. See Indiana Code Title 29 for how the probate court handles estates and distribution of assets: IC Title 29.

Typical evidence the court accepts

Court order establishing paternity
DNA test results linking you to the decedent or his close relatives
Signed voluntary paternity acknowledgment forms
Medical, hospital, school, baptismal, or other contemporaneous records identifying parentage
Affidavits from relatives or family friends about family relationships and the decedent’s conduct (e.g., acknowledging you as a child, providing support)

Practical steps to take now

Collect documents: birth certificate, family records, old letters, photographs, school or medical records, Social Security records, and any document that links you to the father.
Ask the father or his close relatives: If alive, request voluntary acknowledgment or consent to DNA testing. If deceased, ask surviving relatives whether there are medical samples, stored tissue, or other children who will submit to DNA testing.
Get a DNA test through a court or accredited lab: For inheritance claims, use a court-admissible chain-of-custody test from an accredited laboratory. Consumer tests (at-home kits) are often not accepted in court unless confirmed by court-ordered testing.
File the right case: If the estate is open in probate, file a petition with the probate court asking the court to recognize you as an heir. If paternity has not been established, you may need to file a paternity or legitimation action in family court first or request the probate court to order testing as part of the estate proceeding.
Move quickly: Estate matters operate on deadlines (for filing claims or contesting wills). Do not delay — the sooner you act, the better your chance to preserve rights. Contact the probate court clerk in the county where the decedent’s estate is open for procedural details.

What to expect in court

The probate court will evaluate the evidence and make a legal finding about heirship. If the court finds you are legally the child of the decedent, the court will treat you as an heir and include you in distribution under Indiana’s probate laws. If the estate involves a will that disinherits you, timing and grounds for contesting or seeking relief differ; consult an attorney promptly.

Common complications

If the alleged father died long ago without medical samples, you may need DNA from his close relatives.
Some consumer DNA databases can help find relatives, but courts may place limits on use and authentication — work with counsel before relying on genealogy services.
Adoption, presumed parent rules (e.g., if the mother was married at the time of birth), or prior legal determinations can affect your claim.

Statute references and where to read the law

Read the probate (estate) rules and intestate succession under Indiana Code Title 29: https://iga.in.gov/laws/2024/ic/titles/29. Read the statutes governing children, paternity, and parental determination under Title 31: https://iga.in.gov/laws/2024/ic/titles/31. For state guidance on paternity forms and procedures, see Indiana Vital Records: https://www.in.gov/health/vital-records/vital-statistics/paternity/.

Helpful Hints

Start collecting documents now. Even informal items (old letters, photos) can help build a timeline.
Use a court-approved DNA lab for any test you intend to submit to the court.
If the father is deceased, ask relatives about any medical records or stored samples before assuming none exist.
Keep a clear timeline of events, contacts, and requests — courts like organized evidence.
Contact the probate court clerk where the estate is pending to learn filing procedures and deadlines.
Talk to a probate or family law attorney early. They can advise which court to file in, how to request DNA testing, and how to preserve your claim.
Act quickly — estate administration runs on schedules; missed deadlines can limit remedies.

Disclaimer: This article explains general Indiana procedures and is for educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Laws change and each case is different. For advice about a specific situation, consult a licensed attorney in Indiana.