Children Who Fathers Fail To Claim May Soon Get Rights To Inheritance

ST. CROIX — A measure sponsored by Senator Novelle Francis will give children who fathers fail to claim the right to seek inheritance when the fathers die.

Bill No. 31-0124 — “an Act which permits a child born after making a will to collect from descendant’s estate by authorizing the establishment of paternity through DNA testing” — will amend the territory’s paternity laws which, according to Sen. Francis, have not been updated since 1957.

The first-term Democrat explained the measure succinctly at the Fritz Lawetz Conference Room in the Frederiksted Legislative Building on Wednesday, during a Committee on Health, Hospital & Human Services hearing, chaired by Sen. Kurt Vialet.

“This bill came highly recommended by legal professionals who have witnessed the unfortunate result of the dated probate laws in the Virgin Islands.

“Currently, if the person has a will, he or she can leave the estate to whomever they want, to include a legitimate or illegitimate child or children. If they do not have a will, they die in interstate (without a will). Once that happens, the estate is divided among legitimate children and certainly family members.

“When the mother of a illegitimate child dies intestate, the illegitimate child have no problem receiving their portion of the estate because the mother’s name is on the birth certificate. But when the father of an illegitimate child dies intestate, if the father has not recognized that child prior to his death, Virgin Islands law, in its current form, essentially punishes these children.

“If the father dies without recognizing the child, there are only three ways to prove that the illegitimate should inherit: 1) birth certificate, 2) if the court says he or she is the child’s father, or 3), leaving a signed document that he’s the child’s father.”

Attorney John Merchant, board member of the V.I. Bar Association, testified in support of the measure, arguing that breakthroughs in forensic technology have made paternity determination through DNA testing a reality.

Another measure, bill No. 31-0134 — “an act amending title 27 of Virgin Island Code, adding Chapter 4A, establishing a board of licensed counselors and examiners, providing for the licensure of persons who practice counseling for other purposes and related matters” — also won committee approval on Wednesday.

Proposed by Senator Sammuel Sanes, the bill seeks to simplify the counseling licensing procedure in the territory by mandating the creation of a local board with the authority to vet applicants and regulate the industry.

“This bill has been in the making for a number of years,” Sen. Sanes began. “The aspect of counseling, psychology [and] psychiatry have often times taken a backseat.”

He added: “We often think that in times of need that we should, of course, provide shelter [and] food. But oftentimes we forget the psychological needs of individuals during the time of emergency.”

Sanes mentioned Hurricane Hugo — the 1989 storm that ravaged this island — as an example of the lack of psychological care in the territory, even as “we did a wonderful job in providing people shelter and nourishment,” he said.

The legislation saw support from multiple professionals in the field of counseling, including licensed Clinical Psychologist Rita Dudley-Grant, the University of the Virgin Islands Director of Counseling and Career Services Patricia Towal and Edward Browne.

All committee members voted in favor of the measures except Sen. Nereida Rivera-O’Reilly, who left prior to voting.