Chp 5: Establishing Parenthood Flashcards
Maria and Nina are married. Using an anonymous sperm donor, Maria became pregnant and gave birth to Oliver. One week after Oliver’s birth, the two women separate.
Which of the following is true?
Nina can be considered a parent because she was married to Maria.
Exp: The marital presumption of parentage can be applied to a same-sex couple. See Pavan v. Smith, 137 S. Ct. 2075 (2017).
Betty and Charles are married. Betty has sexual intercourse with David and becomes pregnant as a result. Betty gave birth to Elinor last month.
Which of the following is accurate?
Charles is presumed to be the father because of the marital presumption.
Exp: Charles is presumed to be the father because of the marital presumption. In Michael H. v. Gerald D., the Court held that the state had a strong interest in supporting marriage. 491 U.S. 110 (1988).
Lisa and Kyle have been living together for five years when they decide to have a child together. Because of a childhood injury, Kyle is infertile, so Lisa and Kyle select a donor together. Lisa becomes pregnant and gives birth to Archie. They don’t tell anyone else about the anonymous donor, and live together happily – for two years. At that point, Kyle moves out of the family home to live with Janice. Lisa cuts off contact between Kyle and Archie, claiming she always intended to be the sole parent.
Under the Uniform Parentage Act of 2017, which of the following is most accurate?
Kyle may have claims as the parent under equitable doctrines, such as de facto parenthood.
Exp: Uniform Parentage Act (2017) § 609 allows for establishment of de facto parentage under certain conditions that may be satisfied by these facts. As the comments explain, “This provision ensures that individuals who form strong parent-child bonds with children with the consent and encouragement of the child’s legal parent are not excluded from a determination of parentage simply because they entered the child’s life sometime after the child’s birth. Consistent with the case law and the existing statutory provisions in other states, this section does not include a specific time length requirement.”
Carlos Smith and Doria Jackson have been living together for a decade. Five years ago, Doria gave birth to Elliott, and only her name is listed on the birth certificate. The couple married six months after Elliott’s birth, and Elliot’s last name is Smith-Jackson. Carlos never went through the formal steps of adopting Elliott because he believed this unnecessary now that they were married. Carlos and Doria are getting a divorce.
Which of the following is accurate?
Even though Carlos and Doria were not married when Elliott was born, the subsequent marriage is relevant to establishing parentage.
Exp: A subsequent marriage is relevant to establishing parentage, along with additional conditions. See Uniform Parentage Act (2017) § 204(1)(C).
Which of the following individuals is least likely to be identified as the legal parent?
A sperm donor who has donated sperm to a licensed clinic.
Exp: A man who provides sperm to a licensed clinic will not be deemed the father. See, e.g., Uniform Parentage Act (2017) § 702.
Penelope and Rodney are a nonmarital couple and decide to enter into a surrogacy agreement. Quinn agrees to serve as the surrogate.
Which of the following is accurate about any potential arrangement?
Courts are more likely to enforce a surrogacy agreement if they use an egg donor.
Exp: As the Uniform Parentage Act (2017) notes, “[o]f the states that permit surrogacy, most permit only gestational surrogacy agreements.” Uniform Parentage Act (2017) art. 8, cmt.
Emma and Olivia are married and decide to have a child. They live in State X. Emma and Olivia ask their good friend, Noah, if he would be willing to provide the sperm. Noah agrees, and would like to be legally recognized as a parent. Emma and Olivia think that would be appropriate and they consult an attorney to discuss their options.
What would an attorney consider to be the best option?
A few states recognize the possibility of three parents, so, if they reside in one of them, then they should follow those procedures.
Exp: A few states recognize the possibility of three parent families, as does the Uniform Parentage Act (2017). See Uniform Parentage Act (2017) § 613, cmt.
Marisa has been in an abusive relationship, which ended when her ex-partner, Lyle, sexually assaulted her. She became pregnant and gave birth to Norman a few months ago. Lyle found out about the birth and would like to assert parental rights.
Under the UPA (2017) and a majority of states, which of the following is accurate about Lyle’s possible parental rights?
If Lyle is convicted of rape, a court can declare he is not a parent.
Exp: Section 614 of the Uniform Parentage Act (2017) allows a court to declare that Lyle is not a parent if Lyle has been convicted of sexual assault or if the sexual assault is proved by clear and convincing evidence in the proceeding and the child was conceived as a result the sexual assault. The latter method of proof must be included to meet the requirements of the federal statute. 34 U.S.C. § 21303 (2018).
Allison and William were married and entered into a legal surrogacy contract with Charlene. Charlene became pregnant with an embryo created from Allison’s egg and William’s sperm. When Charlene was 7 months pregnant, Allison and William divorced.
What is the most likely outcome once the baby is born?
A divorce court will decide custody between Allison and William
Exp: The parties have entered into a valid surrogacy agreement, so Allison and William are the parents. See In re Marriage of Buzzanca, 72 Cal. Rptr. 2d 280 (Ct. App. 1998); Uniform Parentage Act (2017) § 805(a)(2). A court will decide custody between the two parents based on the best interests of the child.
