Non-marital Children & Paternity

Question 1

non-marital child

Answer 1

child born to an unmarried woman

Question 2

discrimination

Answer 2

distinctions based on non-marital child status almost always unconstitutional

eg, denial of legal benefits likely invalid

Question 3

establishing paternity

Answer 3

paternity suit may be brought o establish a non-marital child’s biological parent

once paternity is established, a duty of support attaches

usually brought by child/mother to get support or father to get visitation/custody rights

Question 4

admissible evidence to establish paternity

Answer 4

1. blood or genetic tests (may be required to take)
2. prior statements regarding paternity by deceased family
3. medical testimony about father’s sterility and/or probability of paternity based on time elapsed between birth and sex
4. admissions or acknowledgements by alleged parent