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Series

UF Law Faculty Publications

Family Law

Fathers

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd Feb 2006

Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd

UF Law Faculty Publications

Deciding who should be a child's legal parents at birth seems a simple task. Instinctively, the answer is the child's biological mother and father. Historically, the answer would have been different depending on whether the child was born within a marriage or not; marriage trumped biology, at least with respect to fathers. A husband was generally presumed to be the father of a child born to his wife, even if there was no genetic connection. A number of changes have moved parentage away from the marital/genetic/patriarchal model that valued the marital family above genes or social fatherhood. Modern principles of …


Fathers And The Supreme Court: Founding Fathers And Nuturing Fathers, Nancy E. Dowd Jul 2005

Fathers And The Supreme Court: Founding Fathers And Nuturing Fathers, Nancy E. Dowd

UF Law Faculty Publications

This article critiques the Supreme Court's negative, stereotypic views of fatherhood, especially unmarried fatherhood, and argues that the Court should reconsider and refine its definition of fatherhood around nurture. The corrective for the Court's current view is not to revert to a status-based definition of fatherhood, but rather to reinforce and recast its prior fathers' rights decisions to establish a definition grounded on relationship and care. What should be discarded are outdated stereotypes about men as incapable, incompetent caregivers, as well as patriarchal norms of status and ownership based in genetic and economic fatherhood recognized exclusively within marriage. Instead, fatherhood …