Is our daughter still legally our daughter even though dna says different.

We I Just found found out our daughter whom we raised is not biologically ours. Our names are listed on her birth certificate. I adopted her years ago we thought my husband was her biological father. We just found out that is not the case through DNA. Are all our legal estate planning paperwork still valid naming her as one of our heirs? She is 48 so fully grown and self-sufficient.

Asked on August 11, 2018 under Estate Planning, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you adopted her and your names are on her birth certificate, then regardless of DNA, she is your daughter unless and until you were to bring a legal action to have her formally declared NOT your daughter. If you don't do that, your estate planning is still valid. Furthermore, if you named her by name and not just as your "daughter", that would remain valid (since she is specifically identified by name) unless and until you change the will or other documents to remove her.

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