How to prove you are your father’s child for inheritance when his name is not on your birth certificate (Oregon)

Disclaimer: I am not a lawyer. This article explains general Oregon procedures and statutes to help you understand options. It is not legal advice. For help in a specific case, consult a licensed Oregon attorney or the probate court.

Detailed answer — steps to establish parentage for inheritance under Oregon law

If your father’s name is not on your birth certificate, you can still prove you are his child for purposes of inheritance. Oregon law recognizes several ways to establish a parent–child relationship. The most common paths are either a voluntary acknowledgment of paternity, a court order establishing paternity (often after DNA testing), or proving parentage by other admissible evidence. See generally the Oregon statutes on parent–child relationship and intestate succession: ORS Chapter 109 and ORS Chapter 112.

1) If the father is alive

– Ask him to sign an Acknowledgment of Paternity. Many states, including Oregon, accept a signed Acknowledgment of Paternity (often done at the hospital or later through vital records) that establishes legal parentage without court. If an acknowledgment exists, you can use it in probate to prove you are an heir.

– If he will not acknowledge parentage, file a Petition to Establish Paternity in the circuit court. The court can order genetic testing (DNA) of you and the father. If the testing and other evidence establish paternity, the court will enter an order declaring you the child of your father. That order is used in probate to show you are an heir.

2) If the father is deceased

– You may still file a petition in the circuit court to establish your parent–child relationship. Courts can order DNA testing of preserved tissue, hair, dental samples, or samples from the decedent’s known relatives (children, siblings, parents) to produce a genetic match. If the father’s body is not available, testing relatives is a common route.

– If probate is already open, file a motion or petition in the probate proceeding asking the personal representative or the court to recognize you as an heir. Attach any existing evidence (DNA results, affidavits, correspondence, proof of financial support or recognition). If other heirs contest your claim, the court may require a paternity action and testing.

3) Evidence the court accepts

• DNA test results with a scientifically significant probability of paternity.
• A signed Acknowledgment of Paternity or similar written admissions.
• Affidavits from family members or witnesses who can attest the parent/child relationship and family recognition.
• Documentary evidence showing the decedent treated you as a child (letters, correspondence, financial support, medical records, family photographs).
• A prior court order or administrative determination confirming paternity.

4) Changing the birth certificate

After you get a court order establishing paternity, you can ask the Oregon Health Authority (Vital Records) to correct the birth certificate by providing the court order. See the Oregon Vital Records guidance on amendments and court orders: Oregon OHA — Corrections to vital records.

5) How paternity affects inheritance

Under Oregon’s descent and distribution rules, only legally recognized children inherit as intestate heirs. Once a court declares you a child of the decedent (or you have an accepted acknowledgment), you stand in the same position as other children for purposes of intestate succession. See ORS Chapter 112 (Descent and Distribution) for the statutory framework.

6) Timing and disputes

Time limits and procedural rules apply, especially if the estate is already in probate or if other heirs contest your claim. Courts often balance the evidence and fairness to heirs and beneficiaries. Because statutes of limitations and probate rules can affect your options, start the process promptly and consult counsel if someone objects. For statutes about parent–child relationships, see ORS Chapter 109.

Helpful hints — practical steps that speed the process

• Collect all possible documentation: your birth certificate, any hospital forms, letters, photos, school or medical records showing the decedent listed as a parent, financial records, and any written statements where the father acknowledged paternity.
• Ask family members for DNA-friendly items: hairbrushes, toothbrushes, dental X-rays, or medical tissue samples, if available. These can help obtain genetic proof if the father is deceased.
• Get a formal DNA test through the court or an accredited lab. Court-ordered or court-approved chain-of-custody tests carry the strongest weight in probate disputes.
• If the father is willing, use an official Acknowledgment of Paternity form (or have him sign one through vital records). That is often the quickest path to recognition.
• If probate has been opened, contact the estate’s personal representative and file a written claim or petition to be recognized as an heir. If necessary, file a separate paternity action in the circuit court and ask the probate judge to stay distribution until parentage is resolved.
• Keep deadlines in mind. Different filings have different timelines. If you learn of a death and possible inheritance, act sooner rather than later.
• Consider limited-scope representation. If you cannot afford a full representation, some attorneys will assist with discrete tasks (filing the petition, obtaining DNA orders) for a lower fee.
• Use public resources: Oregon court self-help pages and local legal aid programs can guide you through filing forms and procedures if you cannot hire counsel.

Example (hypothetical)

Maria’s birth certificate lists her mother but not her father. Maria’s father, John, recently died without a will. Maria has photographs, letters where John called her “my daughter,” and contact information for John’s sister. Maria petitions the circuit court to establish paternity, and the court orders DNA testing of John’s sister and John’s living children. The genetic results strongly support that John is Maria’s father. The court issues a paternity order. Maria presents the order to the probate court and the Oregon Vital Records office to be recognized as an heir and to correct her birth certificate.

Where to get more help

– Read the Oregon statutes related to parent–child relationships and inheritance: ORS Chapter 109 and ORS Chapter 112.

– For changing birth records: Oregon Health Authority – Corrections to vital records.

– Contact the local circuit court clerk or a probate attorney for guidance on filing a paternity petition and asserting inheritance rights.

Remember: This information explains general options under Oregon law but does not replace advice from a licensed attorney tailored to your facts.