Paternity (law)
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| Family law |
| Entering into marriage |
| Prenuptial agreement Marriage Common-law marriage Same-sex marriage |
| Legal states similar to marriage |
| Cohabitation · Civil union Domestic partnership Registered partnership Putative marriage |
| Dissolution of marriage |
| Annulment · Divorce · Alimony |
| Issues affecting children |
| Paternity · Legitimacy · Adoption Legal guardian · Foster care Ward · Emancipation of minors Grandparent visitation Parental responsibility Contact (including visitation) Residence in English law Custody · Child support |
| Related areas |
| Spousal abuse · Child abuse Child abduction · Child marriage Adultery · Bigamy · Incest |
| Conflict of laws |
| Marriage · Nullity · Divorce |
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.
At common law, a child born to the wife during a marriage is the husband's child under the "presumption of lawful paternity", and the husband is assigned complete rights, duties and obligations as to the child. The presumption, however, can be rebutted by evidence to the contrary, at least prior to a formal court ruling involving the putative paternity (often this is a decree of divorce, annulment, or legal separation). Jurisdictions differ widely on when a judgment establishing paternity or a support obligation based on the presumption can be set aside on the grounds that the husband was not in fact the father.
In the case of an unwed mother, a man may come forward and accept the paternity of the child, the mother may petition the court for a determination, or paternity can be determined by estoppel over time.
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[edit] Legal concerns
Where paternity of the child is in question, a party may ask the court to determine paternity of one or several possible fathers (called putative fathers) based initially upon sworn statements and then upon testimony or other evidence.
A successful application to the court results in an order assigning paternity to a specific man, possibly including support responsibility and/or visitation rights.
Once a father has established paternity and, if he wishes to be part of the child's upbringing, he can effectively establish his parental rights with his child by filing a parenting plan. In the United States, law requires parents to file a parenting plan with a district court which outlines how the biological parents will share parental responsibilities on matters such as legal custody, physical custody (parenting time or visitation), and medical insurance.
In cases of women lying about contraception, using deceit (such as oral sex followed by self artificial insemination (State of Louisiana v. Frisard) or statutory rape by a woman (Hermesmann v. Seyer), certain paternity laws give men no protection.
[edit] References
[edit] External links
[edit] See also
- Parenting plan
- Paternity test
- Paternity fraud
- Child support
- Bradley Amendment particularly the section on controversy
- Parental leave
- Maternity
