| (9) If a child could have been determined to be the child of |
| de facto parents under the common law but such determination has |
| not been made by valid judgment that became final before the |
| death of the person whose estate is being distributed under the |
| laws of intestacy, a post-death determination of de facto |
| parentage under the common law may be made by the Probate Court |
| using the standards that would have applied during the life of |
| the decedent, except that if a de facto parent is seeking to |
| inherit from a child under the de facto parentage, then the case |
| must be proved by clear and convincing evidence. A child |
| determined under this subsection to have de facto parents is also |
| the child of the natural or adoptive parents if the child would |
| have been the child under subsection (1) or (2) but for the |
| determination of de facto parentage; and |