CHOICE OF LAW & PATERNITY Professor William Reynolds University of Maryland School of Law.
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Transcript of CHOICE OF LAW & PATERNITY Professor William Reynolds University of Maryland School of Law.
CHOICE OF LAW & PATERNITY
Professor William ReynoldsUniversity of Maryland School of Law
• Uniform Parentage Act, adopted in 18 states, has been officially superseded by the Uniform Parentage Act, adopted in 9 states.
• The 1973 Act is based on traditional notions—“natural” and “adoptive” parents (Sec. 3); age-old presumptions of paternity (Sec.4). The 2002 Act is much more state- of-the-art.
The 1973 Act does not address choice of law.
The 2002 Act provides that: “(b) The court shall apply the law of this State
to adjudicate the parent-child relationship. The applicable law does not depend on:
(1) the place of birth of the child; or (2) the past or present residence of the
child.”
That seems pretty clear: Forum law controls paternity issues, and we don’t care where the child was born or where she now lives.
But there are some questions . . . .
But what if the case is brought in a state that has not adopted the 2002 Act?
-- Does forum have a strong interest in the problem?
-- Does another state have a stronger interest?
-- Forum non conveniens?
An acknowledged father seeks to disestablish his paternity in a state different from that where the acknowledgement took place.
Does Sec. 103 of the 2002 Act apply to disestablishment questions? Is disestablishment a “proceeding to adjudicate the parent-child relation”?
What if the forum is in a state different from where paternity was acknowledged/adjudicated?
DISESTABLISHMENT
A child is born to a same-sex couple in a state where the marriage is legal and they are the presumed parents under the law of that state. One parent and the child move to a state that does not recognize same-sex marriage; does the presumption still hold?
SAME-SEX MARRIAGE
A “gestational” contract is entered into in a state where it is legal. The gestational mother decides to keep the child and moves to a state where the agreement is illegal. The “intended parents” sue to establish paternity.
-- Is there a judicially “validated agreement” under Sec. 801 of the 2002 Act?
-- If not, is the gestational mom the mother” under Sec. 201(a)(1), and is the intended dad (if sperm donor) the father under Sec. 201 (b) if paternity is adjudicated?
GESTATIONAL CONTRACTS