Establishing Parenthood

Question 1

What is the Presumption of Marital Paternity?

How can this presumption be rebutted?

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

Rebutted by clear and convincing evidence that the mother’s spouse was not the parent

Question 2

Doctrine of Estoppel regarding the Presumption of Marital Paternity

Answer 2

Applied Against the Mother’s Husband: When the mother’s husband learns he is not the biological father but nevertheless continues to support and hold out the child as his own, he is estopped from denying paternity.

Applied Against the Mother: Similarly, the mother may be estopped from seeking child support from a different man if she has deliberately allowed another man to believe he was the father of her child and has accepted child support from him.

Question 3

Putative Parent Statute Rule

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”

the couple marries each other before the child’s birth

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

When can paternity actions be brought

Answer 5

Any time prior to the child turning 18 and prior to the death of the putative father