parentage

Question 1

how to prove parentage of father

Answer 1

(1) marital presumption

(a) child born during marriage — H presumed to be bio dad of child born during marriage

REBUT: lack of sexual access at time of conception

(b) parents later marry and recognize child born out of wedlock as their own

*children born and conceived during null marriage still marital children

(2) ART children – show husband consented to the procedure, even if not his sperm
[no donors]

(3) surrogacy agreement that is approved by the court

(4) acknowledgement of paternity + file papers with state of acknowledgment

(5) paternity suit / parentage action
– clear and convincing evidence
— 98% probability of paternity
– all relevant evidence admissible (claim kid on tax returns, use of last name, living with father at time of conception)
– no physician patient privilege

(6) genetic testing ordered by the court
*note that if the court has not made a judicial determination of paternity, a man may still contest the issue in a support hearing if genetic tests show he is not the father, even if he prior acknowledged paternity

Question 2

wrongful death - status of non marital children

Answer 2

Nonmarital children are “children” within the coverage of the Virginia wrongful death statute.

The standard test for proof of paternity in a wrongful death case is a preponderance of the evidence.

Question 3

who may be adopted

Answer 3

any person, minor or adult

IF ADULT:
– adoptee must be at least 15 younger than petitioner
– adoptee and petitioner must have known each other for at least 1 year prior to filing petition
– consent of adoptee
– NO consent of adoptee’s bio parents

Question 4

requirements for adoption

Answer 4

any competent adult may adopt

married or unmarried

no need for spouse’s consent

disability fine as longa s they can be an effective parent

Question 5

adoption by foster parent

Answer 5

A court must accept foster parents’ petition to adopt a child if:

(1) child has resided continuously in their home for at least 6 months (18 months if the child-placing agency with custody does not consent)

and

(2) parental rights have been terminated.

Question 6

who must consent to adoption

Answer 6

(1) consent of minor’s child’s parents
[relinquish parental rights]

Exception:
(a) identify of father of non marital cild is unknown
(b) identify of father of non marital child is known, but he does not reply to a notice of pending adoption within 21 days

(2) consent of adoptee, if adoptee is over age of 14
[unless court finds that child’s best interests will be served by not requiring consent]

Question 7

stages of termination of parental rights

Answer 7

stage 1: temporary removal of child with goal of reunification

stage 2: if efforts at reunification fail, involuntary termination of parental rights

Question 8

due process protections for termination of parental rights

Answer 8

court will only terminate parental rights if there is clear and convincing evidence that

(1) it is in the BIC

and

(2) neglect or abuse suffered b the child poses a serious and substantial threat to their life, health, or development

and

(3) it is not reasonably likely that the conditions can be fixed to a degree that the child would be able to return to parent’s care within reasonable time

Question 9

grounds for terminating parental rights

Answer 9

neglect

abuse

abandonment

*if child is over 14 and objects to termination, court will not terminate [or if court determines that child has reached an “age of discretion”]

Question 10

termination of parental rights and child support

Answer 10

A parent is not liable for child support incurred after the date of termi- nation.