b'Paternity Presumptions in theAge of the Modern FamilyEstablishing a parent-child relationship creates constitutionalRebutting the Presumption rights and moral, social, andnancial obligations. For this reason,Once paternity is presumed, a parent or a third party may seek to one of the most important legal presumptions in family law caseschallenge the presumption of paternity. Depending on the state is the presumption of paternity. But as technology has advancedwhere the action is brought and the circumstances of the case, a and family structures have changed, determining who is a childsparty may be able to rebut the presumption of paternity by:legal father has become more complicated. Generally, paternity is established in one of three ways: Rescinding the voluntary acknowledgment of paternity within the required timeframe;1) Marital Presumption Contesting paternity on the basis of fraud, duress, or material The oldest and most common presumption of paternity is themistake of fact;marital presumption. The presumption assumes that a child born during a marriage is the biological child of the mothersProving that the presumed father and mother of the child husband. Family courts continue to rely on this presumptionnever cohabited or engaged in sexual intercourse during the because it is an ef cient means of determining paternity.probable time of conception;However, the law has not kept pace with changing familyEstablishing that the presumed father never openly held out structures. For example, it is unclear if the marital presumptionthe child as his own; orapplies to same-sex couples. Without the presumption, the Submitting to a genetic test. non-biological parent must formally adopt the couples childHowever, even if a party can successfully rebut paternity, the court to ensure that he/she receives the same parental rights as theis not required to allow it. The court will look at the length of biological parent. time that has passed and consider whether or not disestablishing paternity is in the best interests of the child. Given the signi cant 2) Biological/Genetic Connectionsemotional andnancial issues at stake, it is important to consult Genetic testing makes it possible to know with almost scienti cwith an attorney prior to taking steps to acknowledge orcertainty the identity of a childs biological parents. With advancesrebut paternity. in technology, it is also easier than ever to take a genetic test inMoss & Barnetts Family Law group is here to assist you the comfort of your own home. While genetic testing might seemwith any paternity questions you may have.like the perfect solution to paternity determinations, the rise of assisted reproductive technology creates situations in which theJim Vedder is a member of our Family Law group. He has biological parent is not necessarily the childs intended legal parent signi canttrialandsettlementexperienceincomplexmaritaldissolutionmatters,includingthedivisionof(e.g., surrogacy arrangements). In those cases, genetic testing ismaritalandnonmaritalassets,thedivisionofclosely not helpful in determining who should parent the child.held businesses, spousal maintenance, child support, andcustody issues.612-877-5294 | Jim.Vedder@lawmoss.com3) Intent/FunctionalLawMoss.com/people-james-j-vedderThe intent/functional approach to paternity focuses on the actionsBrittney Miller is an associate in our Family Law group. of the parent seeking to establish the parent-child relationshipShe assists clients in all family-related matters, including instead of marital or biological connections. Courts will considerparenting,support,divisionofassets,stepparentand whether the man held himself out as the childs father andsame-sex adoptions, antenuptial agreements, and many otherissues confronting modern families. intended to care for the child. Fathers can also voluntarily assume612-877-5299 | Brittney.Miller@lawmoss.comparental obligations by signing an acknowledgment of paternity. LawMoss.com/people-brittney-m-miller 7'