Vol. 37, No. 1, Spring 2003
Amendments to the Uniform Parentage Act
Sampson, John J., Reporter, Preface to the Amendments to the Uniform Parentage Act (2002), 37 FAM. L. W. 1 (2003).
The Uniform Parentage Act was last amended in 2002. This article provides an overview of the process and the results. Amendments to the Uniform Parentage Act as Last Amended in 2002 with Prefatory Note and Comments, 37 FAM. L. W. 5 (2003). The Uniform Parentage Act as last amended in 2002 with prefatory note and comments is provided, as well as a list of the drafting committee members. Only sections of the Act with changes are included. Deletions are set forth with strike throughs and additions are underscored.
Roberts, Paula, Truth and Consequences: Part I. Disestablishing the Paternity of Non-Marital Children, 37 FAM. L. Q. 35 (2003).
A child born to unmarried parents can have his or her paternity established by voluntary acknowledgment, adjudication, or presumption based on the father's conduct. Some states have detailed procedures for challenging paternity when it has been established using one of these methods; others have little or no statutory language or case law to guide the process. This article reviews the recent law in this area and offers recommendations based on the Uniform Parentage Act (UPA 2002)
Roberts, Paula, Truth and Consequences: Part II. Questioning the Paternity of Marital Children, 37 FAM. L. Q. 55 (2003).
Children born to a married couple are presumed to be the husband's biological children. However, during the marriage, at divorce, and even post-divorce one or both parents may question the child's paternity. In addition, a man might claim to be the biological father of a child born to a married couple and try to establish his paternity. The advent of genetic testing has made these suits more common. This article explores the approaches that courts and legislatures are now taking on the issue of paternity disestablishment when marital children are involved. It explores the pros and cons of different approaches and suggests a path, based on the Uniform Parentage Act (UPA 2002) that balances some of the legitimate concerns of all parties in this difficult area.
Roberts, Paula, Truth and Consequences: Part III. Who Pays when Paternity Is Disestablished?, 37 FAM. L. Q. 69 (2003).
Serious fiscal consequences may flow to the child, the parents, and the state if paternity is disestablished. Courts and state legislatures are dealing with the effect of disestablishment on past, present, and future child support obligations. Some are also addressing the circumstances under which a man may seek to recoup support he has provided to the child. A few states are also providing criminal penalties for those who intentionally establish the paternity of the wrong man. This article describes the current statutory and case law in this area.
81 Appendix A: Recent Litigation Seeking to Disestablish Paternity
82 Appendix B: State Statutory Provisions Rescission of Voluntary Paternity Acknowledgment
91 Appendix C: Major Divorce Cases Involving the Disestablishment of Paternity 1997-2002.
92 Appendix D: Major Cases Involving the Post-Divorce Disestablishment of Paternity 1997-2002
93 Appendix E: Major Cases Involving Challenges by Alleged Biological Fathers to the Paternity of Marital Children 21997-2002
94 Appendix F: Recent State Statutes Allowing Paternity Disestablishment of Marital Children
96 Appendix G: State Statues on the Payment of Future Child Support When Paternity Has Been Disestablished
96 Appendix H: State Statutes on Liability for Support Paid Prior to Disestablishment
97 Appendix I: State Statutes on Liability for Support Paid Prior to Disestablishment
98 Appendix J: Case Summaries: Case Summaries
103 Appendix K: State Paternity Fraud Statutes
Publication Date: July 15, 2003