Non Marital Children

Question 1

Generally

Answer 1

1-over the years, children born out of wedlock have received more constitutional protections–intermediate scrutiny applies in an equal protection analysis (substantial relationship to important gov’t interest)
2-a parentage action can be brought to establish a biological relationship and settle issues of paternity

Question 2

Presumption of Parentage

Answer 2

The husband of the mother is presumed to be the father if:
1-the child is born during marriage OR 2-the child is born within 300 days of termination of the marriage OR 3-the child is born during a void or voidable marriage

Question 3

Unwed Fathers

Answer 3

1-a child can be considered the child of an unwed father if: i-after the birth of the child, the father marries the mother; ii-the father holds the child out as his biological child; iii-the father consents to his name on the birth certificate; iv-the father acknowledges paternity; v-there is a judgment decreeing paternity
2-unwed fathers will be protected by the Due Process Clause and can have rights to custody of their child if they demonstrate parental responsibility
3-unwed fathers may be precluded from tort recovery for the death of a child he did not legally recognize

Question 4

Paternity Suit

Answer 4

1-generally used by unwed mother to obtain child support form the father
2-statute of limitations is tolled ruing the minority of the child, so will last at least until the child reaches 18
3-level of proof varies–can be C&C or preponderance
4-blood or tissue sampling is the superior method of establishing paternity, but testimonial and other medical evidence has been sufficient