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Can a Biological Child Sue for Wrongful Death in California Without Established Paternity? What Stennett v. Miller Means for Your Family

Can a Biological Child Sue for Wrongful Death in California Without Established Paternity? What Sten

If you’re a California resident dealing with the sudden loss of a family member—especially when paternity was never legally established—you may be wondering: Can my child sue for wrongful death if their biological father never acknowledged them? The California Court of Appeal answered this question definitively in Stennett v. Miller, and the outcome has profound implications for families navigating probate and wrongful death claims.

## Who This Article Is For

This legal breakdown is written for:

  • California parents or guardians managing assets or claims on behalf of children whose biological parent died without a will
  • Families facing wrongful death situations where paternity was never established during the decedent’s lifetime
  • Anyone trying to understand how California’s intestate succession laws affect standing in wrongful death lawsuits
  • Estate planning clients who want to ensure their children—biological or otherwise—are legally protected

    • ## The Case: What Happened in Stennett v. Miller?

    A.S., a ten-year-old girl, lost her biological father, Amine Britel, when he was killed by a texting drunk driver. Despite being Britel’s biological child, A.S. had never met him, had no relationship with him, and—critically—paternity had never been legally established during his lifetime. Britel had not openly acknowledged A.S. as his child, and her mother had never pursued a paternity action before his death.

    After Britel died intestate (without a will) and with no surviving spouse, A.S. attempted to file a wrongful death lawsuit against the drunk driver. However, the case was stayed while A.S. pursued a separate probate action to be declared Britel’s lawful heir under California’s intestate succession laws.

    The probate court ruled that A.S. did not qualify as Britel’s heir. Using that ruling, the defendants in the wrongful death case successfully moved to dismiss the complaint, arguing A.S. lacked standing to sue.

    ## The Court’s Ruling: No Heirship = No Standing

    The California Court of Appeal affirmed the dismissal. Here’s what the court concluded:

  • Standing in wrongful death actions is limited to those who qualify as heirs under California’s intestate succession statutes. Even though “children” are listed in the wrongful death statute, legislative history confirmed that only children with a legal right to inherit may bring such claims.
  • A.S. did not qualify as an intestate heir because Britel had never openly held her out as his child, and paternity had not been established during his lifetime.
  • Equal protection arguments were rejected. The court found that California’s wrongful death statute does not unlawfully discriminate against nonmarital children—they have multiple legal avenues to establish heirship, and those pathways are not insurmountable.
  • Gender-based discrimination claims also failed. The court acknowledged that California may impose different requirements for establishing parentage between mothers and fathers, as they are not similarly situated in the biological process of becoming legal parents.

    • ## What Does This Mean for California Families?

    This ruling underscores a harsh reality: biology alone is not enough to establish legal rights in California probate and wrongful death cases. If you are the biological child of someone who died intestate, you must meet one of the following conditions to be considered an heir:

  • Paternity was legally established during the parent’s lifetime (through a court order, voluntary declaration, or DNA test)
  • The parent openly held you out as their child and received you into their home
  • You were conceived through assisted reproduction with the parent’s written consent

    • Without meeting these thresholds, you will not have standing to pursue a wrongful death claim—even if DNA evidence confirms the biological relationship.

    ## How Can California Probate and Trust, PC Help?

    At California Probate and Trust, PC, we’ve helped thousands of California families navigate complex probate and estate planning challenges. Whether you’re dealing with:

  • Establishing paternity or heirship in a probate case
  • Pursuing or defending a wrongful death claim
  • Creating an estate plan that protects all of your children—biological, adopted, stepchildren, or otherwise

    • …we provide transparent, compassionate legal guidance tailored to your family’s unique situation. Our team understands that these cases are not just legal puzzles—they involve real people, real grief, and real financial consequences.

    📞 Schedule a Free Consultation Today

    If you’re facing a paternity dispute, wrongful death claim, or need to establish clear legal protections for your loved ones, contact California Probate and Trust, PC for a no-obligation consultation. We serve clients throughout California from our offices in Fair Oaks, Sacramento, and San Francisco.

    👉 Visit cpt.law or call (866) 674-1130 to get started.

    ## Case Details

  • Case Name: Stennett v. Miller
  • Case Number: G054989
  • Filed: April 12, 2019
  • Court: California Court of Appeal, Fourth District
  • Headnote: Wrongful Death Actions – Standing

    • Source: California Lawyers Association – Stennett v. Miller

    Full Opinion: Fourth District Opinion PDF

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    Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. If you need legal assistance with a probate matter, wrongful death claim, or estate planning issue, please consult with a qualified California attorney. California Probate and Trust, PC offers free consultations to discuss your situation.