Skip to main content Accessibility help
×
Hostname: page-component-7b9c58cd5d-hpxsc Total loading time: 0 Render date: 2025-03-15T21:55:52.276Z Has data issue: false hasContentIssue false

6 - Parentage Conflicts

Published online by Cambridge University Press:  aN Invalid Date NaN

Gregg Strauss
Affiliation:
University of Virginia
Get access

Summary

Parentage doctrines have proliferated, yet procedures to resolve the inevitable conflicts are lacking. Some states have priority rules, but the rankings are partial and rest on shallow reasoning. Recent trends favor the best interest of the child test, but it empowers judges to assess the pertinent values anew in each case. This chapter reconstructs American parentage law into a system of ordered rules to resolve parentage disputes with minimal ad hoc decision-making. Parentage law begins with the biological parent’s conditional liberty, reflected in the gestational presumption and the genetic petition or acknowledgment. Biological parents can also waive their childrearing liberty or forfeit it by not promptly and adequately raising the child. If there is only one legal or presumed parent, their parenting project can be shared with a partner through a second-parent adoption, acknowledgment of parentage, or preconception agreement. The parent may also seek caregiving help without sharing parenthood, but risks forfeiting their power to revoke this caregiving privilege if they share responsibility long enough for child and caregiver to develop rights and duties. The marital and residential presumptions are evidentiary inferences to the same biological, agreement, forfeiture, and caregiving grounds, so should be rebuttable only on the same basis.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2025

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×