Biological father search & legal father inheritance

crazydominican1 · #1 12-10-2003, 12:38 AM

Hello, I have been recently told by my mother that the man I called father is not my biological father. I have a name and possible last address of my biological father. I have a few questions: Is there a way to search for persons in DR? If my birth certificate states my non-biological father as "father"am I entitled to any inheritance from my non-biological father? Have there been any precedents set in this type of case? I am 38 years old and live in the Pacific NW(please note time difference). I will be going to NY to visit a relative that might be able to give me last location and if my biological father is alive. What if any rights do I have, if I want my birth certificate corrected to reflect my biological father? Please help! Thanks

KenoshaChris · #2 12-10-2003, 12:22 PM

Much depends on where these people reside or resided. Are they dead or alive? If dead, for how long? Are both Dominican and American attorneys needed? What, if anything, did they leave if dead? Do they or did they have wills?

Hillbilly · #3 12-10-2003, 12:23 PM

To find all of this out.

The Registro Civil where you were born should have a record of your birth. That should have both your parents names on it even if you were born out of wedlock.

As far as inheritance is concerned, that depends on where your "father" lives. If it is in the States he can draw up a will and leave you what he wants. If it is here in the DR and there are other children by this man, that are his biological children, you will not inherit, if they want to stop you. You have no claim.

Best take this slow and easy..

HB

crazydominican1 · #4 12-10-2003, 02:02 PM

Quote:

Originally posted by KenoshaChris
Much depends on where these people reside or resided. Are they dead or alive? If dead, for how long? Are both Dominican and American attorneys needed? What, if anything, did they leave if dead? Do they or did they have wills?

Thanks KenoshaChris. I have to determine the answers to these questions in the near future.

crazydominican1 · #5 12-10-2003, 02:05 PM

Quote:

Originally posted by Hillbilly
To find all of this out.

The Registro Civil where you were born should have a record of your birth. That should have both your parents names on it even if you were born out of wedlock.

As far as inheritance is concerned, that depends on where your "father" lives. If it is in the States he can draw up a will and leave you what he wants. If it is here in the DR and there are other children by this man, that are his biological children, you will not inherit, if they want to stop you. You have no claim.

Best take this slow and easy..

HB

Thanks for the lead on the Registro Civil. The fact of the matter is that my non-biological father is the name on my DR birth certificate. I will contact them to see what if anything I can do to correct it. I figured been non-biological that I would not been entitled if my non-biological fathers two other children contest any wills. If you here of anything else let me know. Thanks.

Hillbilly · #6 12-10-2003, 03:03 PM

That if your non-biological dad is on the Birth Certificate, you are his child in law.

Only a DNA test would show that, and you can refuse to take it.

In the eyes of the Dirección General de Registro Civil in Santo Domingo you are his child.

If the other two kids knows this and want to screw you out of your inheritance, they will have to prove that document to be false, and that will cost them dearly..

HB

crazydominican1 · #7 12-10-2003, 03:09 PM

Thanks again. Very informative.

mikeyone · #8 12-10-2003, 06:19 PM

Hi C.D.1.........if you need any prof. investigative help give me a call.........Cheers. M.

crazydominican1 · #9 12-10-2003, 06:50 PM

Thanks Mikeyone will consider your offer once I have more info.

Fabio J. Guzman · #10 12-11-2003, 07:02 PM

Assuming that your parents are Dominicans residing in the DR, what is it that you want to do?

If it to inherit your non-biological father, this won't be a problem. You are his legal child and under Dominican law you will be the beneficiary of a reserved portion of his estate. Neither your non-biological father nor your siblings will be able to contest your status as the son of your non-biological father because the statute of limitations has expired (you’re already 38 years old).

If it is to be acknowledged as the child of your real father, you have several scenarios:

(1) Your biological father wants to acknowledge you as his child but your legal father is not in agreement. The statute of limitations will prevent your biological father from prevailing in his suit (“demanda en desconocimiento de paternidad”) (I litigated and won a case like this in 1985).

(2) You want to be acknowledged by your biological father, your legal father is in agreement but your biological father does not want you as his child. Again, any action by you to have the court recognize you as the child of your real father is precluded by the statute of limitations.

(3) You want to be acknowledged by your biological father, your legal father is in agreement and your biological father does want you as his child. This is the only hypothesis in which a paternity change is possible.