Parentage

Question 1

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What should you know about nonmarital children

Answer 1

• Born out of weedlock
• distinction between marital and nonmarital children are subject to intermediate scrutiny : must be substantilally related to an important governmental interest (i.e. intermediate scrutiny)

Question 2

Marital presumption

Answer 2

Husband of mother is presumedto be the father if the child is born during marraige or within 300 days of separation.

Most courts refuse to terminate the parent-child relationship even if te husband can prove that he is not the father.

Question 3

What are

Parentage actions?

Answer 3

brought to establish biological relationship and settle issues of paternity/maternity.

If there is a finding of parentage : right to custody / visitation.

Question 4

Voluntary Termination of parental rights

Answer 4

can be done.

Question 5

Involuntary termination of parental rights

Answer 5

Because parental rights are fundamental, parents have a right to DUE PROCESS before their right is terminated unvoluntarily.

• Grounds for termination must be proven by clear and convincing evidence

This includes right to counsel where necessary.

Question 6

Adoption requirements - parents

Answer 6

• consent of natural parents generally required (unless rights have been terminated)
• Consent requirement can be waived by teh court it the court believes that it is not in the best interest of the child.
• Non consenting parent is entitled to notice

Question 7

Can an unmarried father veto adoption?

Answer 7

Court considers :
- level of fathers involvement with the child
- for newborn infant, depends on parental responsibility
- Father of nonmarital child who has never tried to establish some relationship with the child is not entitled to notice prior to the adoption by others.

Question 8

Consent of adoptee

Answer 8

Adoptees over a certain age (12/14) may have to consent to the adoption

Question 9

Further requirements

Answer 9

• Potential home studies, investigations, and court approval (often waived for family adoption)
• prohibition of payment to natural parents (only for medical expenses related to pregnancy).