Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
My Two Dads: Disaggregating Biological And Social Paternity, Melanie B. Jacobs
My Two Dads: Disaggregating Biological And Social Paternity, Melanie B. Jacobs
Faculty Scholarship
Examines the question of what the basis for establishing fatherhood should be. Explores how legal parentage is determined, examines the two-parent paradigm, and compares biological and social paternity in order to recognize two legal fathers.
Protecting Children By Preserving Parenthood, Jane C. Murphy
Protecting Children By Preserving Parenthood, Jane C. Murphy
All Faculty Scholarship
Establishing legal parentage, once a relatively straightforward matter of marriage and biology, has become increasingly complex. The determination of legal status as mother may now involve several women making claims based on genetic contribution, contract, status as gestational carrier or other bases. The debate about the best choice for children when adults are competing for parental status is ongoing, lively and filled with many voices. Less attention has been paid to a much larger, second category of cases - cases in which the law is faced with resolving the legal status of the one adult who may be available to …
Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana B. Singer
Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana B. Singer
Faculty Scholarship
This article examines the recent history and current status of the marital presumption of paternity. It explores the social, economic and legal developments that have contributed to the erosion of the presumption, focusing in particular on the efforts of federal and state governments to identify and collect financial support from unmarried biological fathers. The article then describes the procedural and equitable doctrines that some courts and legislatures have used to bolster the marital presumption in the face of conflicting biological evidence. Finding these approaches problematic, the article advocates a revitalized marital presumption as a substantive rule of law. It argues …
Addressing Putative Fathers In Child Protection Proceedings: Is 'John Doe' Still Alive?, Frank E. Vandervort, W. Lansat
Addressing Putative Fathers In Child Protection Proceedings: Is 'John Doe' Still Alive?, Frank E. Vandervort, W. Lansat
Articles
In practice, it seems, KH is not widely understood. Child protection petitions for temporary custody continue to name multiple men as the "father" of a child when there is a legal father. Some courts insist on terminating the parental rights of "John Doe" when no man has established paternity. After KH, are such actions necessary? Are they permissible?