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Restructuring Rebuttal Of The Marital Presumption For The Modern Era, Jessica Feinberg
Restructuring Rebuttal Of The Marital Presumption For The Modern Era, Jessica Feinberg
Articles
The marital presumption of paternity, which arose from English common law, has served as a core component of the law governing parentage in the United States since the nation’s inception. Pursuant to the marital presumption, a husband is presumed to be the legal father of any child born to or conceived by his wife during the marriage. Historically, the marital presumption was extremely difficult to rebut, generally requiring proof of the husband’s non-access to his wife during the time of conception, the husband’s sterility or impotence, or adultery on the part of the wife. As these early grounds for rebuttal …
Same-Sex Spouses Lost In Translation? How To Interpret “Spouse” In The E.U. Family Migration Directives, Scott Titshaw
Same-Sex Spouses Lost In Translation? How To Interpret “Spouse” In The E.U. Family Migration Directives, Scott Titshaw
Articles
This Article analyzes the word “spouse” in the European Union’s Family Migration Directives in detail, focusing on the treatment of married bi-national same-sex couples. Through these directives, the European Union exercises significant authority over family-based immigration and internal migration, expressly providing immigration rights to the “spouses” of E.U. citizens and legal residents. However, family law, including the familial status of “spouses” is governed by individual E.U. member states. While a growing number of member states authorize same-sex marriage, the majority still do not. The E.U., therefore, must determine how to treat migrating couples who are legal spouses in one member …