2.  Old § 42 – total preclusion vis-à-vis father.

3.  Trimble v. Gordon (1977) – must treat equally.

4.  Old § 42 – total preclusion vis-à-vis father.  Trimble v. Gordon (1977) – must treat equally.  Lalli v. Lalli (1978) – state may impose a more demanding standard for non-marital children to inherit from father.

5.  Always child of biological mother; marital status irrelevant.

6.  Child must show paternity:  1. Family Code presumptions.

7.  Child must show paternity:  1. Family Code presumptions.  2. Court decree of paternity.

8.  Child must show paternity:  1. Family Code presumptions.  2. Court decree of paternity.  3. Father adopts.

9.  Child must show paternity:  1. Family Code presumptions.  2. Court decree of paternity.  3. Father adopts.  4. Father executes paternity statement.

10.  Child must show paternity:  1. Family Code presumptions.  2. Court decree of paternity.  3. Father adopts.  4. Father executes paternity statement.  5. Post death determination of paternity by clear and convincing evidence.

11.  Child must show paternity:  1. Family Code presumptions.  2. Court decree of paternity.  3. Father adopts.  4. Father executes paternity statement.  5. Post death determination of paternity by clear and convincing evidence.  6. ART statutes.

12.  2010 Texas Supreme Court case  Discovery rule not apply to heirship claims by non-marital children (consistent with Little v. Smith which dealt with adoption).