American Parentage Law

Provides clarity on an ever-changing complex issue in family Law.
Publisher: Matthew Bender

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2024 Edition
ISBN: 9781663370990
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ISBN: 9781663371003
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Historically, childcare parentage laws in the United States have been determined by American state lawmakers who have generally looked to biological ties, marriage, and formal adoption. Recently, however, American parentage laws have become far less uniform, both interstate in singular contexts (like childcare) and intrastate in different contexts (like childcare and child support). This (r)evolution in American parentage laws has been driven by changes in both social behavior and human reproduction technologies, including more nonmarital children; more same sex couples; more reliable paternity testing; and, more available assisted reproduction services.

This one-volume book describes the U.S. parentage law (r)evolution, comments on it, and explores likely future developments. It provides important clarification on this difficult and complex topic.

Appendices A through F are a valuable resource, providing a state-by-state collection of statutes and cases on vital issues in parentage law:

Appendix A Nonparental Child Custody, Child Visitation, and/or Child Contact Orders
Appendix B Genetic and/or Gestational Surrogates Via Assisted Reproduction
Appendix C Establishing Parentage Via Marital Parentage Presumptions
Appendix D Establishing Parentage Via Voluntary Parentage Acknowledgments Appendix E Establishing Parentage Via Nonsurrogacy Assisted Reproduction
Appendix F Establishing Parentage Via Holding Out Child as One’s Own, Residence or Creating a Dependent, Parental-Like Relationship

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Table of contents

Chapter 1 Introduction to American Parentage Laws
Chapter 2 The (R)evolution in Dual Parentage Policies
Chapter 3 Infants with Only One Childcare Parent
Chapter 4 Childcare Parentage Not Founded on Biological Ties or Formal Adoption
Chapter 5 Equality in Childcare Laws
Chapter 6 The Varying Sources of Childcare Parentage Laws
Chapter 7 Variations in Childcare Parentage Laws Interstate
Chapter 8 Beyond Childcare: Inconsistent Parentage Laws Within a Single State
Chapter 9 Beyond Childcare: The Dead Become Parents of Living Children
Chapter 10 Beyond Childcare: The Human Unborn as (Prospective) Children of Living Parents
Chapter 11 U.S. Federal and U.S. State Parentage Laws for Children Born Outside of the U.S. or Relocated to or from the U.S.
Chapter 12 U.S. Federal and U.S. State Parentage Laws for Children Born to Native American Indians
Appendix A Nonparental Child Custody, Child Visitation, and/or Child Contact Orders
Appendix B Genetic and/or Gestational Surrogates Via Assisted Reproduction
Appendix C Establishing Parentage Via Marital Parentage Presumptions
Appendix D Establishing Parentage Via Voluntary Parentage Acknowledgments
Appendix E Establishing Parentage Via Nonsurrogacy Assisted Reproduction
Appendix F Establishing Parentage Via Holding Out Child as One’s Own, Residence or Creating a Dependent, Parental-Like Relationship
Appendix G 1973 Uniform Parentage Act
Appendix H 2000 Uniform Parentage Act (As Amended In 2002)
Appendix I 2017 Uniform Parentage Act
Appendix J 2018 Uniform Nonparent Child Custody and Visitation Act