In re Estate of Murcury

¶ 1. The question presented is whether a child born out of wedlock who seeks to inherit from a putative father is constitutionally entitled to establish paternity through genetic testing after the twenty-one year limitations period for the bringing of a parentage action has expired. We hold that the statutory limit offends neither the Vermont nor the United States Constitutions. Accordingly, we affirm the superior court judgment.

¶ 2. Decedent Alan B. Murcury died intestate on July 5, 2002. One week later, petitioner Robin Morris filed a petition in the Franklin Probate Court to open an…