Parentage and the Modern Family

Family

Parentage and the Modern Family

By: Meg Nemeth Ledebuhr

Family law is reaching a crossroads. Social and technological transformations over the last sixty years continue to challenge traditional notions of marriage and reproduction. Same-sex individuals can now marry, divorce, and reproduce biologically. People can now plan and agree in advance to make babies who will not be raised by one or both of their genetic parents. Traditional marriage as an institution is in decline. Such fundamental changes have required courts and legislatures to grapple with redefining parentage to keep pace with the ever-evolving family unit.

Family

The New Uniform Parentage Act of 2017

By: Jamie D. Pedersen

UPA 2017 makes five major changes to the UPA.

Family

UPA 2017: The Science of It All

By: George C. Maha

In crafting the Uniform Parentage Act of 2017, the drafting committee faced the challenge of not only understanding the law—it also had to understand very complex scientific issues. These issues ranged from artificial reproduction to mitochondrial replacement therapy to genetic testing to determine parentage. One article, Article 5, Genetic Testing, provides a detailed legal and scientific framework for using genetic testing to solve disputed parentage.

Family

Presumptions in Paternity Cases: Who Is the Father in the Eyes of the Law?

By: James J. Vedder & Brittney M. Miller

In the context of family law, perhaps the most significant legal presumption is the presumption of parentage. Constitutional rights and moral, social, and financial obligations arise from the parent-child relationship. As a result, parentage determinations are of critical importance in family law proceedings.

Family

De Facto Parentage and the Modern Family

By: Courtney G. Joslin

What families look like has changed dramatically over time. Historically, most children were raised in intact, different-sex, marital families. Indeed, even in 1960, almost three-quarters (73%) of children in the United States were living in this family structure.

Family

How Many Parents?

By: Tiffany L. Palmer

Today's families are raising children in increasingly diverse and constantly evolving family forms.

Family

Test-Tube Parents: Cyropreservation and the Fertile Corpse - A Retrospective

A legal analysis of posthumous reproduction.

Children

On Talking with Young Children about Their Nontraditional Families

By: Robert A. Simon

It is no secret that the nature of families in America has changed and continues to change. A diverse tapestry reflecting what it means to be a family has replaced the image of a family as a male parent, a female parent, and their children. The “modern family” includes single parent families, same-sex parent families, multi-ethnic families, three-parent families, and, of course, the “traditional” family.

Consider Us Family

By: Roberta S. Batley

We as family law attorneys know all too well that not everyone is blessed with a healthy biological family. We see firsthand how the love that a family is supposed to share can turn into hatred and distrust. We see our clients, their children, and their extended families inexorably shaken by a break in the family unit that may never be repaired. Those broken branches must find other places to root and be nurtured. And indeed, for many people, families are created mainly from friends and community, as their genetic families did not provide that safety and security.

From the Editor in Chief

By: Kathleen A. Hogan

In the legal and scientific communities, the concept of parentage has evolved over the years in ways few could have predicted. The last time the Family Advocate did an issue focused on the subject of parentage was in 2002. The Board of Editors reviewed that issue in planning this one. It was entertaining and eye-opening to be reminded of how far we have moved beyond the concepts that were cutting-edge at that time. In this issue, the Board has put together a fresh look at the concept of parentage as faced by families today.

Section Highlights

By: Cindy Swan

The ABA Section of Family Law officers and new Council members for 2018–2019 will be selected by Section vote during the 2018 Annual Business Meeting in Chicago. To be eligible to vote, an individual must be registered for the meeting and be a nonstudent member of the Section whose good standing can be certified by official Association records for thirty days prior to the day of the voting. Again this year, we present short bios and photos so that you can get to know the officer and Council nominees.