Filiation + Marriage Flashcards
Filiation
Filiation
Definition
Legal relationship between parent and child, established by proof of maternity, paternity, or adoption
Filiation
Maternity
Rule
Established by preponderance of the evidence when child born to woman
Filiation
Maternity
Exceptions
Surrogacy
In vitro fertilization
Posthumous conception: When –
* (1) Authorized in writing; AND
* (2) Born to SS within 3 years of decedent’s death
Filiation
Paternity
Rule
Established by presumption or judicial action
Filiation
Paternity
Presumptions
Child born during marriage, or within 300 days of marriage;
Formal acknowledgement:
- By authentic act and subsequent marriage
- By authentic act alone
- By three party acknowledgement
Filiation
Paternity
Judicial actions
Child’s Action
- One year from death of alleged father by clear and convincing evidence
- During life of father by preponderance of the evidence
Father’s Action
- One year from death of child by preponderance of the evidence
Filiation
Adoption
Rule
Adoptive parents – Filiated to legal equivalent of blood relation
Biological parents – Filiation terminated
Filiation
Adoption
Exceptions
- Child retains right to inherit from biological parent and relatives
- No termination if adoptive parent married to other biological parent
Marriage
Marriage
Definition
Legal contractual relationship between two people that creates civil effects
Marriage
Marriage
Requirements
(1) Absence of legal impediment (Bigamy; Relation; Age)
(2) Marriage ceremony (Officiant; Physical presence)
(3) Free consent of parties (Duress; Incapacity)
Marriage
Invalid marriage
Types; Cause; Effect
ABSOLUTE NULLITY: Legal impediment; Marriage ceremony
* Effect: Produces civil effects only in favor of children
RELATIVE NULLITY: Consent not freely given
* Effect: Produces civil effects until declared null
Marriage
Invalid marriage
Exceptions
Children: Civil effects in favor of child of parties
Bigamous Spouse Exception: Civil effects in favor of good faith spouse of bigamous spouse, regardless of whether good faith spouse remains in good faith
- Good Faith – Honest and reasonable belief no legal impediment to marriage exists; Presumed
Putative Spouse Doctrine: Civil effects in favor of putative spouse in good faith
- Burden of Proof: Bigamous spouse bears burden of proving second marriage contracted in good faith
Marriage
Divorce
Definition; Heritability
Judgment terminating marriage
Strictly personal action that abates at death
