Establishing Parenthood

Question 1

Presumption of marital legitimacy/paternity

Answer 1

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

Question 2

Rebutting paternity presumption

Answer 2

Presumption may only be rebutted on facts proving by clear and convincing evidence that the mother’s spouse was not the parent

Question 3

Statute of limitations for actions brought by putative parents

Answer 3

Many 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 4

UPA presumptions of parentage

Answer 4

The Uniform Parentage Act (UPA) provides presumptions of parentage when:

● the couple marries each other before the child’s birth, whether or not the marriage could be declared invalid;
● after the child’s birth, the other parent automatically, voluntarily asserts parentage, such as by agreeing to be named as the other parent on the birth certificate; or
● 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 5

Child support actions brought by or for child

Answer 5

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

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