Establishing Parenthood

Question 1

What is presumption of marital legitimacy and paternity

Answer 1

Children born to or conceived by a woman while she is married are presumed to be the children of the woman and her spouse

Question 2

How may presumption of marital legitimacy and paternity be rebutted?

Answer 2

Presumption may only be rebutted on facts proving clear and convincing evidence that the mohter’s sposue was not the parent

Question 3

Can a father be estopped from denying paternity under presumption of marital legitimacy?

Answer 3

Yes

Question 4

Can unmarried parents try to establish parentage despite the existence of a presumed parent?

Answer 4

Yes, but most states have enacted statutes that give an unmarried parent no more than two years to establish parentage when the alleged child has a presumed parent.

Question 5

What are presumptions of parenthood under the Uniform Parentage Act (UPA)

Answer 5

1. the couple marries each other before the child’s birth, whether or not the marriage could be declared invalid
2. after the child’s birth the other parent automatically and voluntarily asserts parentage, including by agreeing to be named as the other parent on the birth certificate
3. for the first two years of the child’s life, the other parent resided in the same household with the child and openly held out the child as their own

Question 6

When can paternity actions regarding child support be brought by or for a child?

Answer 6

Most states allow paternity actions to be brought at any time prior to the child reaching the age of 18

Question 7

What are limitations regarding when paternity actions may be brought?

Answer 7

Most states require that a paternity action be instituted prior to the death of the putative father