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Full-Text Articles in Law
Reforming Paternity Law To Eliminate Gender, Status And Class Inequality, Leslie J. Harris
Reforming Paternity Law To Eliminate Gender, Status And Class Inequality, Leslie J. Harris
Leslie J. Harris
Today all states have paternity rules that protect a man’s intent to assume the role of father. All states have a version of the marital presumption and, for nonmarital children, all states allow the mother and the intended father to establish paternity by signing and filing a voluntary acknowledgment of paternity (VAP). However, the law governing paternity disestablishment is much less protective of the legal paternity of men who may not be biological fathers, particularly where the father and mother are not married but instead have executed a VAP.
The disparate treatment of rights and duties in families based on …
Legal Images Of Fatherhood: Welfare Reform, Child Support Enforcement, And Fatherless Children, Jane C. Murphy
Legal Images Of Fatherhood: Welfare Reform, Child Support Enforcement, And Fatherless Children, Jane C. Murphy
All Faculty Scholarship
This Article analyzes the issue of paternity disestablishment, an issue courts and legislatures have been struggling with over the last several years. For a variety of reasons explored in this Article, an increasing number of fathers have filed requests to set aside paternity orders seeking to be relieved of the legal obligations of fatherhood. As a result families have been destabilized and children are becoming fatherless. The implications for the future of the family are profound. Although some scholars have examined this phenomenon, none have addressed the link between paternity disestablishment and welfare reform.
This Article explores the law's evolving …