Black-letter propositions
- 01
A marital presumption commonly applies to a child born during marriage, subject to rebuttal and time limits.
- 02
A valid voluntary acknowledgment can have judgment effect after rescission periods.
- 03
Genetic testing informs but does not always decide parentage when estoppel, consent, or assisted reproduction applies.
- 04
A consenting spouse or intended parent can be a legal parent under assisted-reproduction law.
- 05
Parentage determines support, custody standing, inheritance, and notice rights.
- 06
Due process protects established parental relationships and requires notice in qualifying proceedings.
Use this attack sequence under time
Frame the issue
Identify every possible parent and legal route.
Resolve the next checkpoint
Apply presumption, acknowledgment, adjudication, and time limits.
Resolve the next checkpoint
Use genetic evidence within statutory rules.
Resolve the next checkpoint
Analyze consent or intent for assisted reproduction.
Finish the conclusion
State consequences and constitutional protection.
Common wrong turns
- Biology is important but not universally conclusive.
- A birth certificate alone may not resolve a contested legal status.
- Delay can trigger estoppel or statutory bars.
Worked example
A spouse consented in writing to donor insemination and parented the child for years, then denies parentage after separation.
Assisted-reproduction and estoppel principles strongly support legal parentage despite no genetic connection.
Practice this topic
Establishing parentage
NCBE's NextGen outline lists the factors jurisdictions may consider in determining legal parentage: voluntary acknowledgment of parentage, functional or equitable parenting, presumptions of parentage for married parents, and the possibility of more than two parents. It lists married, unmarried and nonbiological parents together under one heading.
Cornell's child support entry says a noncustodial parent has a legal responsibility to support only their own biological children, so a court cannot order support for a stepchild unless the stepchild was formally adopted, although a few state statutes differ.
Assisted reproduction
The outline lists the legal issues arising from assisted reproductive technology and how jurisdictions address them, including statutory termination of the parental status of donors and the legal significance of giving birth. Under the Uniform Parentage Act, a person who gives birth is a parent, and a child born to a married person is presumed to be the spouse's child; both can be rebutted in an adjudication. Surrogacy is governed by statute: where the Act's surrogacy article is adopted a court can validate a gestational agreement and name the intended parents, and other states restrict or bar compensated surrogacy.
Because so much depends on statute, name the statute or model act before you assign parentage.
Rights that follow parentage
The outline covers the rights and limits on rights of married and unmarried parents in the care, control, education and medical treatment of their children, and of unmarried parents in custody and support. Cornell says parents have a fundamental liberty interest in the care, custody and control of their children, and cites Troxel v. Granville, 530 U.S. 57 (2000).
Custodial disputes between parents and nonparents, such as a grandparent or functional parent, vary by jurisdiction according to the outline.
Frequently asked questions
What is the controlling rule for presumptions, assisted reproduction, and parentage actions?+
Parentage can arise from presumption, acknowledgment, adjudication, genetics, consent, or intent and carries constitutional and financial consequences.
How should I analyze presumptions, assisted reproduction, and parentage actions on the bar exam?+
Identify every possible parent and legal route. Apply presumption, acknowledgment, adjudication, and time limits. Use genetic evidence within statutory rules. Analyze consent or intent for assisted reproduction. State consequences and constitutional protection.
What does NCBE list for determining legal parentage?+
Voluntary acknowledgment, functional or equitable parenting, presumptions for married parents, and the possibility of more than two parents.
Can a court order child support for a stepchild?+
Generally not, unless the stepchild was formally adopted, because a parent is responsible only for their own biological children, per Cornell.
What does the outline list for assisted reproduction?+
Statutory termination of the parental status of donors and the legal significance of giving birth, among other legal issues.
Do parents have constitutional rights in raising children?+
Yes. Cornell says the Supreme Court recognizes a fundamental liberty interest in the care, custody and control of their children.
Can nonparents get custody or visitation over a parent's objection?+
Jurisdictions vary, according to NCBE's outline, and Cornell says Troxel v. Granville struck down a broad third-party visitation law.