(a) The rights of succession by a child, as set forth in Chapters 9 and
10 of this Title, are dependent upon the existence, prior to the death of the decedent, of a parent and child relationship between such child and
the decedent.

(b) The rights of succession by issue through a deceased child of a decedent, as set forth in Chapters 9 and 10 of this Title, are dependent upon the existence, prior to the death of such deceased child, of a parent and child relationship between such issue and such deceased child, and upon the existence prior to the death of the decedent or such deceased child, of a parent and child relationship between such deceased child and the decedent.

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 8 SUCCESSION & SECURITIES TRANSFER

(c) The rights of succession to a child’s estate by a parent and all persons who would take an intestate share of the decedent’s estate through such parent, as set forth in Chapters 9 and 10 of this Title, are dependent upon the existence, prior to the death of the decedent, of a parent and child relationship between the parent and the deceased child.

(d) For purposes of this Section and of Chapters 9 and 10 of this
Title, a parent and child relationship exists where such relationship is

(1) presumed and not rebutted pursuant to, or

(2) established pursuant to, the applicable Guam laws concerning the existence and establishment of a parent and child relationship.

SOURCE: California Probate Code, § 255.

COMMENT: Section 815 replaces §§ 255 and 256 of the Probate Code of Guam (1970), which were titled, respectively, “Illegitimate child” and “Estate of illegiti- mate child.” Section 255 of the California Probate Code, from which § 815 has been adapted, replaced prior §§ 255 and 256 of the California Probate Code in
1975; prior §§ 255 and 256 of the California Probate Code were essentially the same as the similarly-numbered Sections of the Probate Code of Guam (1970).

The Commission is of the opinion that § 815 deals with the issues more squarely — and more fairly — than did §§ 255 and 256 of the Probate Code of Guam (1970). Section 815 does not refer to illegitimate children at all; rather, it makes succession dependent on the existence of a “parent-child relationship,” which can come about in a variety of ways. If such a “parent-child relationship” does not exist at the time of the decedent’s death, then the child does not take by succession; this eliminates uncertainty (as the formation of a “parent-child relationship” is governed by statute, and thus its existence should not be in doubt,) and additionally eliminates possible claims of discrimination against illegitimate children.