University of Baltimore Law Forum


Ron Byrd


On December 11, 1978, the Supreme Court in a 5-4 decision, upheld the constitutionality of a statute allowing an illegitimate child to inherit from his intestate father only if a court of competent jurisdiction has, during the father's lifetime, entered an order declaring paternity. In Lalli v. Lalli, 99 S.Ct. 518 (1978) the Court stated that the proof requirement imposed by the New York statute on illegitimate children who would inherit from their father, was not in violation of the Equal Protection Clause of the 14th amendment.

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