Parentage Flashcards
What factors lend to a presumption of paternity?
Husband of a married woman who gives birth during marriage
Can be rebutted if husband had lack of sexual access during time of conception.
Can a child born out of wedlock be considered a marital child?
Yes if parents marry and recognize the child as their own
Are IVF children marital children?
Yes if father consented to the procedure
Are the children of surrogates considered marital children?
If the underlying surrogacy arrangement is approved by the court, the intended parents are legal parents and that can be listed on a birth certificate.
What if a surrogate agreement is not approved by the court? Who has parental rights?
The surrogate will retain parental rights.
Can a man acknowledge paternity of a child with an unmarried woman?
Yes if he agrees he is the father (shoutout Maury) and the woman agrees they can file papers with the state to that effect.
Who can file a paternity suit?
Mother or child through a Guardian ad Litem
What is the standard of proof in a paternity suit?
Clear and convincing evidence
How is paternity usually established?
Scientifically reliable genetic testing that show at least 98% probability of paternity
What are some examples of other relevant evidence of paternity that would be admissible?
Living together at time of conception
Father agreed to have child use his surname
Father claimed child on taxes
Male (14-18) through guardian ad litem admits paternity
