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7- The Parent-Child Relationship
Terms in this set (22)
1. define paternity action
2. historically, did father have rights, if unmarried?
1. a legal proceeding in which a man is officially deemed to be the father of a minor child
2. no rights, but stanley vs Illinois changed it.
1. Diff between legitimacy vs illegitimacy
2. if child was conceived before marriage, but after got married
1. legitimacy: born during marriage, illegitimacy: parents not married
U.S. Supreme Court Ruled
1. Due Process Clause
2. Equal Protection Clause
3. Uniform Parentage Act
1. illegitimate children should be afforded the same opportunities
2. States cannot create laws that treat them differently unless they can prove that the treatment achieves an important public interest
3. founded on equality for all children regardless of parents marital status
no distinction between them. both entitled to receive (4)
1. child support from a parent
2. social security benefits (if applicable)
3. veteran's benefits and military allowances
define two types of presumption
1. a fact which is presumed to be true but can be proven false
2. a fact which is conclusively presumed to be true. cannot be challenged even it's not true
1. mother established at birth because she gave birth
2. father are either alleged or presumed
Four types of presumed parents
1. when parties are married and child is born
2. when parties try to marry but invalid and child is born
3. when you receive a child into their home and openly perceive as their own natural child
4. signed voluntary declaration of paternity
1. if either wants to challenge, a DNA test must be done in how many years?
2. won't be declared as parents if...
1. 2 years from the day child is born
2. the birth resulted from violence and the person was convicted
How do you Prove or Challenge?
1. through which action from the court process?
2. two types of requests
1. the establishment of parentage action
2. to be declared a parent or the non-existence of the relationship
1. which test and how's the process?
2. if parents are dead or unavailable?
3. would not be ordered under two conditions
1. genetic testing (blood). either parent's request and the court orders
2. a close family member could agree
3. didn't have access to mother when she became pregnant or father can prove that he's sterile.
Can more than 2 people be legally declared as parents?
yes, if only recognizing 2 parents would be detrimental to the child
2. what is an assisted reproduction agreement?
1. conception by means other than sexual intercourse
2. a written contract that includes a person who intends to be the legal parent of a child or children born through assisted reproduction and that defines the terms of the relationship between the parties to the contract
2 main types
1. Artificial insemination: whereby a woman is impregnated by inseminating sperm
2. In Vitro Fertilization (IVF): eggs and sperm joined outside of the body to create an embryo and are then implanted into the body
1. do donors have parental rights?
2. most arguments are about concern on
1. no, if they are true donors
2. frozen embryos
2. the legality varies between states. In CA,
3. requirements in CA for surrogate mothers
1. an arrangement in which a woman carries and delivers a child for intended parents
2. the genetic makeup does not control,
the intended parents are the parents.
3. must have carried at least one child to term
1. Traditional: surrogate mother is artificially inseminated with sperm, making genetically related to the child
2. Gestational: IVF, not genetically related
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