Final issues (lightly tested)

Question 1

Paternity

Answer 1

a. If unmarried woman we care about who father is—that person must pay child support. To identify that person
i. Man may voluntarily id himself—acknowledge paternity
ii. If he doesn’t we sue him as paternity suit, filed either by mother or child acting through guardian
1. Can be filed until the child turns 18
2. Done to get judgment, which can be used to get an order
3. Judgment is pretty mechanical because of science advances, blood test

Question 2

Adoption

Answer 2

a. Must get consent of all relevant parties
b. If adoptee is minor→ must have consent of adoptee’s both biological parents.
i. Can be done in advance by relinquishing parental rights
1. Like turning over to agency or state authority
ii. Sometimes dispense with requirement of parental consent
1. Like if parent’s rights have been legally terminated. If very bad parent. Usually based on abuse, neglect or abandonment
a. Full DP rights, clear and convincing evidence and entitled to attorney
c. If adoptee is over age of 12→ need consent of adoptee. Includes adults.
d. If child is in custody of someone other than biological parent→ need consent of this person.
e. Then go to court and finalize. It’s pro forma proceeding.