Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, July 18, 2017

Article on Illegitimacy: Suggestion for Reform Following Mills v. Habluetzel

Oliver-Twist-2005-1920x1080Raymond C O'Brien recently published an Article entitled, Illegitimacy: Suggestion for Reform Following Mills v. Habluetzel, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article:

In the recent decision of Mills v. Habluetzel, the Supreme Court implies that as technology advances and scientific tests make the determination of biological paternity more certain, the state or governmental interest in avoiding evidentiary problems of false claims, will cease to justify the use of any facile statutory denials of substantive rights claimed by illegitimates First, in the advent of scientific ability to prove the fact of paternity, unrealistic legal prerequisites or statutory limitations extinguishing the rights of illegitimates will not prevail under a constitutional analysis. Second, the use of science implies greater inquiry into all aspects of the rights of illegitimates. This paper will thus: (a) discuss the evolution of the constitutional guidelines concerning the rights of illegitimate children prior to Mills, (b) describe the Texas experience from Gomez to Mills and the recent Texas inheritance cases; and (c) determine the implications for the future of Texas law and that of other jurisdictions.

Special thanks to Robert H. Sitkoff (John L. Gray Professor of Law, Harvard Law School) for bringing this article to my attention.


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