Most states have abandoned the outdated references to legitimacy such as “legitimate” or “illegitimate” when it comes to classifying between children whose parents are married or not married. The absence of these terms, along with technology in the way children can be conceived has necessitated legislation to help define parentage. Although not adopted verbatim by every state, the Uniform Parentage Act (2002) has streamlined the legal process for establishing paternity, while also supporting federal requirements therein.
In short, the Uniform Parentage Act (2002) provides the following:
- A complete plan for demonstrating paternity through voluntary acknowledgement
- Standards for genetic testing
- A process of demonstrating paternity through a settlement or ruling
The Legal Mother
Previously, a legal mother was the one who carried a child to birth. Yet, advancements in technology have extended the legal parameters to one whose egg was fertilized, one who has been pronounced through adoption, or one under a gestational contract. Thus, in these three instances, the woman carrying the child to birth would not be deemed the legal mother.
The Legal Father
If a man was married to the birth mother at conception or lived with the child for the first two years of the child’s life, caring for the child, he is presumed to be the child’s father. This is stated in the Uniform Parentage Act. In addition, the act determines that a father can be any of the following:
- A man who has acknowledged paternity
- A man who was stated as the father in a paternity action
- An adoptive father
- A man who complies to assisted reproduction
- An adjudicated father in a ruling confirming a gestational agreement
While the Uniform Parentage Act of 2002 accomplishes important changes in the area of paternity and parenting laws, these are different depending on the region in which you live. Thus, if you have questions regarding the Uniform Parentage Act or paternity, it’s important to contact an experienced family law attorney.
M. Qader A. Baig & Associates, LLC, operates under the fundamental principle of protecting your rights and freedoms as stated in the law. Mr. Baig meticulously handles every case as if it were his only one. Your concern is our concern. Call M. Qader A. Baig today.