Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2006

Faculty Scholarship

Family Law

Paternity

Articles 1 - 2 of 2

Full-Text Articles in Law

My Two Dads: Disaggregating Biological And Social Paternity, Melanie B. Jacobs Oct 2006

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.


Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana B. Singer Jan 2006

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 …