72-2-124. Parent and child relationship. (1) Except as provided in subsections (2) and (3), for the purposes of intestate succession by, through, or from a person, an individual is the child of the child's natural parents, regardless of their marital status. The parent and child relationship may be established under Title 40, chapter 6, part 1.
(2) An adopted individual is the child of an adopting parent or parents and not of the natural parents, but adoption of a child by the spouse of either natural parent has no effect on:
(a) the relationship between the child and that natural parent; or
(b) the right of the child or a descendant of the child to inherit from or through the other natural parent.
(3) Inheritance from or through a child by either natural parent or the parent's kindred is precluded unless that natural parent has openly treated the child as the parent's and has not refused to support the child.
History: En. 91A-2-109 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-109; amd. Sec. 3, Ch. 52, L. 1981; amd. Sec. 19, Ch. 494, L. 1993; Sec. 72-2-213, MCA 1991; redes. 72-2-124 by Code Commissioner, 1993; amd. Sec. 1, Ch. 290, L. 1999.
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