E. Affiliation Proceedings Flashcards
When may Child be considered legitimate child of parents?*
Born in wedlock
- To parents entered into civil/religious marriage before/after Child’s birth
- Regardless of marriage validity
Born out of wedlock
- Presumption of paternity required
Born to married woman by artificial insemination
- Woman and Husband gave consent
How may Court establish rebuttable presumption of paternity if Child is born out of wedlock?*
By Order of Filiation
1) On Court’s/Party’s motion
2) Order Mother/Child/Father
3) To submit to genetic marker/DNA tests
- UNLESS Court finds NOT in Child’s best interests (Doctrine of Equitable Estoppel)
4) Showing paternity to degree of certainty (at least 95%)
- UNLESS timely objection is made
By Acknowledgment of Paternity
1) 2 Witnesses must observe signing of acknowledgment at hospital
2) After 60 days of signing => Party must establish fraud/duress/material mistake of fact
3) Party can then file petition at Court => Court may order DNA test
- UNLESS Court finds NOT in Child’s best interest
- UNLESS Court finds party is equitably estopped
- UNLESS Court finds presumption of legitimacy