Establishing Parenthood

Question 1

What is the Presumption of Marital Legitimacy?

Answer 1

Children born to, or conceived by, a married woman are PRESUMED to be children of the husband.

Presumption is rebutted by CLEAR AND CONVINCING EVIDENCE that the husband is not the father (usually DNA evidence).

The father may also be estopped from denying paternity in certain instances.

Question 2

What actions are available to a putative father and what are the limitations on those actions?

Answer 2

Many states have enacted statutes that give an unmarried father no more than 2 years to establish his paternity when his alleged child has a presumed father.

Question 3

UPA presumptions of paternity

Answer 3

Uniform Parentage Act (UPA) provides presumptions of paternity in two circumstances, which can be rebutted only by genetic testing introduced in a paternity proceeding.

If the man and the child’s natural mother:

+ marry after child is born and the man voluntarily asserted his paternity (such as by agreeing to be named as child’s father on birth certificate);
OR
+ for the first 2 years of child’s life, resided in the same household with the child and the man openly held out the child as his own.

Question 4

When can a child support action be brought?

Answer 4

Generally most states allow a paternity action (child support action brought by or for a child) to be brought:

+ before the child turns 18
AND
+ during the life of the putative father.