Unmarried with Kids Flashcards
what is merle’s brilliant scheme
parent partner status. duty to
- aid
-not abuse
-relationship work
-honesty and fairness
-give care
what is legal father equitable doctrine for unmarried dads
recognizes dad who has
-lived with kid since birth
-held self out as dad
-assumed responsibility even though not bio
what are the 4 ways to establish parenthood
- biology
- marriage
- functioning as parent
- intending to become parent
how to become legal father
- un-rebutted presumption of paternity
- acknowledgement o paternity
- adjudication of paternity
what are the presumptions around fatherhood
- mom’s husband is legal dad if kid is born within marriage or within 300 days of divorce
- after birth, parties marry AND guy voluntarily asserts paternity and is filed with state, or agrees to be on birth cert, or promises to support kid
- during first 2 years of kid’s life, lives with and holds out as own
what is a voluntary acknowledgement of paternity
file it, accepted after 60 days. can be rescinded before but hard to change after accepted.
will not work if other person has paternal link to kid
how do you get legal father by adjudicating paternity
based on genetics. no SOL on this unless presumed, acknowledged or adjudicated dad exists
what if dad was rapist
can be denied legal parenthood - will have obligations but no privileges
when is genetic testing introduced
only when in best interest of kid
what test do we use if genetic dad v. marital dad
court should choose the presumption founded on weightier considerations of policy and logic, including best interest of kid
what are the policy interests in presuming mom’s husband is kid’s dad
kid legit, protected, locks functional father in, preserves family integrity
what if mom has an affair while married but stays with husband and has baby
SCOTUS says marital couple can keep out the third party despite him being the bio dad
what are the policy interests in protecting rights of bio dad
-right to his kids
-biology is bright line rule
- true dad
- incentive to be responsible because you know you gonna be obligated to that kid
how does laches play into paternity
if the bio dad knew he was he dad but didn’t challenge, he’s barred from bringing that challenge later
what’s Oregon’s parentage presumptions
- mom’s spouse at time of birth is parent or within 300 days
- parentage can’t be challenged by someone outside the marriage unless both spouses consent
- court won’t admit rebuttal evidence unless they think it’s best interest of parties of kid to do so
how does same sex play into this
whoever is married to mom is good.
doesn’t help two gays who used surrogate. doesn’t help unmarried gays
are parents entitled to a hearing to determine their fitness before losing custody
yes, both moms and dads
when does bio dad have a liberty interest in relationship with kid before mom can let someone adopt
if he has a significant custodial or financial relationship. this gets rational basis
does DPC require notice of an adoption proceeding to bio dad who may be an interested party to the proceeding
no
UPA says you should notify these of adoption
registered dad
legal dad
acknowledged dad
adoptive dad
intended dad
does mom have an obligation to inform dad of adoption
no. unclear if she has an obligation not to mislead
does adoption of a dad’s bio kid without his consent violate DPC
not if dad’s failure to obtain notice of kid’s birth was within his control
how do you disavow paternity under UPA
acknowledged fathers: up to 60 days, any reason. up to 2 years for fraud
presumed fathers: up to 2 years, courts can still say you’re dad if in kid’s best interest
how do you disavow paternity in oregon
acknowledged fathers: 60 days any reason, any time for fraud, court can refuse to set aside if it would be substantially inequitable
presumed fathers: any time, court doesn’t have to admit rebuttal evidence if not in kid’s best interest
what are the kinds of legal father
-presumed (married to mom or lived with kids for years and held out)
-acknowledged (filed vap)
-adoptive
-intended (repro services)
what if parties sign a vap when they know he isn’t the bio dad
court can set aside as fraud
what level of scrutiny for constitutional protections of bastard children
intermediate: statute must be substantially related to an important gov interest
what happens if a bastard kid is born overseas to US citizen and foreigner
state can require more proof for paternity than maternity. intermediate scrutiny allows for some disadvantages to dads
what’s an existing discrimination for bastards
child presumed to be kid of married dad even if they don’t live together. only presumed to be child of unmarried dad if lived together for first two years of life
