PARENTS AND CHILDREN

Question 1

Presumption of Marital Legitimacy/Paternity

Answer 1

1. Children born to or conceived by a woman while she is married are the children of the woman and her spouse.
   - Presumption rebutted by facts clear and convincing evidence that the mother’s spouse was not present
   - Most states will allow DNA evidence to rebut presumption of parentage

Doctrine of Estoppel:
AS TO FATHER
When the mother’s husband learns he is not the biological father but nevertheless continues to support and hold out the child as his own

AS TO MOTHER
She has deliberately allowed another man to believe he was the father of her child and has accepted child support from him

Question 2

Actions brought by a Putative Parent

Answer 2

States have enacted statutes that provide an unmarried parent no more than two years to establish parentage when the alleged child has a presumed parent