Overton, Jones and Carter, P.A., by Larry S. Overton and Bruce L. Daughtry, for respondent-appellee. We disagree with petitioner and affirm the judgment of the trial court. Intestate succession by and through illegitimate children is governed by G.S. 29-19. 83 N.C. App. Likewise, G.S. 29-19 also provides the only means by which a putative father may inherit from his illegitimate child.
Petitioner fails to qualify under either statutory requirement.
As petitioner admits, he has never been adjudged to be Travis' father. Although petitioner has satisfied part of the statutory requirements, he never filed the acknowledgment with the clerk of court, and therefore did not fulfill all of the requirements. Although we are aware of cases commenting upon constructive compliance, the doctrine has not been specifically recognized in North Carolina. Because petitioner failed to establish paternity as prescribed by G.S. 29-19, he may not inherit from his illegitimate child. He further argues that recognizing an acknowledgement of paternity under that statute as being sufficient for purposes of inheriting by, through and from illegitimate children would further the public policy of equalizing as far as practical the inheritance rights of legitimate and illegitimate children.