Probate Code section 6450 governs the relationship of parent and child, stating in part, “for the purpose of determining intestate succession,” the “relationship of parent and child exists between a person and the person’s natural parents, regardless of the marital status of the natural parents.” Under Probate Code section 6453, subsection (b), subdivision (2), a natural parent and child relationship may be established when “paternity is established by clear and convincing evidence that the father has openly held out the child as his own.” In the instant action, DNA testing shows the decedent fathered the child. The mother of decedent’s child, born out of wedlock, contends biological parents are, by definition, natural parents, and petitioned to administer decedent’s estate and for the child to be declared decedent’s heir. The trial court denied the mother’s petitions. The appellate court affirmed, stating: “We affirm the court’s order. In doing so, we conclude section 6453(b)(2)’s phrase, “openly held out,” requires the alleged father to have made an unconcealed affirmative representation of his paternity in open view. We also conclude substantial evidence supports the court’s finding Amine did not openly hold out A.S as his child.” (Estate of Britel (Cal. App. Fourth Dist., Div. 3; April 23, 2015) (As Mod. May 15, 2015) 236 Cal.App.4th 127 [186 Cal.Rptr.3d 321].)
