Parentage

Question 1

Parentage Presumption

Answer 1

The mother’s husband is presumed to be the father of a child if the child is born during the marriage or within 300 days of the marriage’s termination. Rebutting the presumption of parentage requires clear and convincing evidence.

Question 2

Involuntary Termination

Answer 2

Before parental rights can be terminated involuntarily, they must have due process, including the right to counsel, and the grounds for termination must be proved by clear and convincing evidence.

Question 3

Grounds for Involuntary Termination

Answer 3

Abuse, neglect, abandonment, failure to support, severe mental incapacitation, psychological harm.

Question 4

Adoption

Answer 4

Adoption requires the consent of the child’s natural parents (unless rights have been terminated) and the creation of new parental rights in the adoptive parents.

Question 5

Rights of Unwed Fathers

Answer 5

In deciding whether an unwed father can veto a prospective adoption, the court considers the level of the father’s involvement with the child. For a newborn, this will require manifestations of parental responsibility.