Unmarried with Kids

Question 1

what is merle’s brilliant scheme

Answer 1

parent partner status. duty to
- aid
-not abuse
-relationship work
-honesty and fairness
-give care

Question 2

what is legal father equitable doctrine for unmarried dads

Answer 2

recognizes dad who has
-lived with kid since birth
-held self out as dad
-assumed responsibility even though not bio

Question 3

what are the 4 ways to establish parenthood

Answer 3

1. biology
2. marriage
3. functioning as parent
4. intending to become parent

Question 4

how to become legal father

Answer 4

1. un-rebutted presumption of paternity
2. acknowledgement o paternity
3. adjudication of paternity

Question 5

what are the presumptions around fatherhood

Answer 5

1. mom’s husband is legal dad if kid is born within marriage or within 300 days of divorce
2. 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
3. during first 2 years of kid’s life, lives with and holds out as own

Question 6

what is a voluntary acknowledgement of paternity

Answer 6

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 can be rescinded before but hard to change after accepted.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

Question 7

how do you get legal father by adjudicating paternity

Answer 7

based on genetics. no SOL on this unless presumed, acknowledged or adjudicated dad exists

Question 8

what if dad was rapist

Answer 8

can be denied legal parenthood - will have obligations but no privileges

Question 9

when is genetic testing introduced

Answer 9

only when in best interest of kid

Question 10

what test do we use if genetic dad v. marital dad

Answer 10

court should choose the presumption founded on weightier considerations of policy and logic, including best interest of kid

Question 11

what are the policy interests in presuming mom’s husband is kid’s dad

Answer 11

kid legit, protected, locks functional father in, preserves family integrity

Question 12

what if mom has an affair while married but stays with husband and has baby

Answer 12

SCOTUS says marital couple can keep out the third party despite him being the bio dad

Question 13

what are the policy interests in protecting rights of bio dad

Answer 13

-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

Question 14

how does laches play into paternity

Answer 14

if the bio dad knew he was he dad but didn’t challenge, he’s barred from bringing that challenge later

Question 15

what’s Oregon’s parentage presumptions

Answer 15

1. mom’s spouse at time of birth is parent or within 300 days
2. parentage can’t be challenged by someone outside the marriage unless both spouses consent
3. court won’t admit rebuttal evidence unless they think it’s best interest of parties of kid to do so

Question 16

how does same sex play into this

Answer 16

whoever is married to mom is good.

doesn’t help two gays who used surrogate. doesn’t help unmarried gays

Question 17

are parents entitled to a hearing to determine their fitness before losing custody

Answer 17

yes, both moms and dads

Question 18

when does bio dad have a liberty interest in relationship with kid before mom can let someone adopt

Answer 18

if he has a significant custodial or financial relationship. this gets rational basis

Question 19

does DPC require notice of an adoption proceeding to bio dad who may be an interested party to the proceeding

Answer 19

no

Question 20

UPA says you should notify these of adoption

Answer 20

registered dad
legal dad
acknowledged dad
adoptive dad
intended dad

Question 21

does mom have an obligation to inform dad of adoption

Answer 21

no. unclear if she has an obligation not to mislead

Question 22

does adoption of a dad’s bio kid without his consent violate DPC

Answer 22

not if dad’s failure to obtain notice of kid’s birth was within his control

Question 23

how do you disavow paternity under UPA

Answer 23

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

Question 24

how do you disavow paternity in oregon

Answer 24

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

Question 25

what are the kinds of legal father

Answer 25

-presumed (married to mom or lived with kids for years and held out)
-acknowledged (filed vap)
-adoptive
-intended (repro services)

Question 26

what if parties sign a vap when they know he isn’t the bio dad

Answer 26

court can set aside as fraud

Question 27

what level of scrutiny for constitutional protections of bastard children

Answer 27

intermediate: statute must be substantially related to an important gov interest

Question 28

what happens if a bastard kid is born overseas to US citizen and foreigner

Answer 28

state can require more proof for paternity than maternity. intermediate scrutiny allows for some disadvantages to dads

Question 29

what’s an existing discrimination for bastards

Answer 29

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