Parentage & Presumption of Paternity
Current Law
Parentage can be defined as the origins of ones parents , and can be deemed imperative in a child’s knowledge of their personal identity. It is in the child’s interests to have accurate knowledge of their genetic lineage, and in the interests of justice that doubt about parentage can be conclusively resolved. In Ireland currently, parentage and presumption of paternity are governed by The Status of Children Act 1987. For married parents The Status of Children Act 1987 provides a presumption of paternity where a couple is married and presumes that the husband is the father of the child . Like all legal presumptions this can be rebutted by evidence on the balance of probabilities . In the case
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It provided a degree of certainty when there was no definite way of proving paternity. With the introduction of the Status of Children Act 1987, the issue of illegitimacy was removed. Therefore, recently its necessity has been questioned as the scope of its applicability has been reduced by the increasing number of children born to unmarried parents. In 2013, 35.4% of all births were outside of marriage, and 20.2% of all births were to unmarried parents living at the same address . For children whose parents are married at the time of their birth (or up to ten months prior to the birth), the presumption is clearly beneficial. However, for children of unmarried parents, it provides an obstacle to the settlement of further issues such as guardianship, custody and access, and inheritance . For example although both marital and non-marital children have equal rights to inherit from their parents, non-marital children may have the additional burden of having to prove paternity if …show more content…
Part 7 of the Bill is entitled ‘Amendments to the Status of Children Act 1987’, and under section 83 it reasserts the presumption of paternity as set out in s. 46 of the Status of Children Act, 1987 (as amended), In effect this means that where a child is born within 10 months of the termination of the marriage, the woman’s husband is presumed to be the father. Also under section 83, in relation to a married woman, who is living apart from her husband, who has given birth to a child more than 10 months after the date of separation, the time from which the separation begins is clarified and expanded. (2A) states that ‘For the purpose of subsection (2) of this section, the date of the separation of a married woman from her husband shall be deemed to be
Section 55 of the Family Law Act states, “a divorce order made under this Act takes effect at the expiration of a period of 1 month from the making of the order”. Whitlam attempted to regulate divorce by ensuring that the policy would provide a civil solution to divorce although not encourage it. The act also addressed child matters and custody. It respect to who the child or children would live with or be with most often. The decision on who the child/children would live with was usually made in a court room and the verdict took into account the “best interests” of the child in argument.
The case also
This paper focuses on the Supreme Court case Obergefell v. Hodges (2015). This paper will give an overview of the case, the major arguments made by the plaitiffs and the defendents, as well as how the case has affected other rulings. This case has answered many legal questions and will shape any future cases that deal with gay marriage, possibly even equal rights. Deatiled CH: James Obergefell and John Arthur was a same-sex couple and was married on July 11, 2013 on a medical transport plan on the tarmac at the airport in Baltimore, Maryland due to Arthur being unable to move (3,2) .
Family structures within our Australian society vary from family to family, each family is individual and made up of members of different ages, genders and personalities; each family will have one or more backgrounds living within the same household and religions also vary from household to household. Family structures in australia are continually changing statistically, more families are being formed via adoption, through same gender parents, blended families. According to the ABS (Australian Bureau of Statistics), from the year 1986, to the year 2001, the sum of one-parent families in Australia has significantly increased by 53%. This increase partakes in many factors such as increasing divorce rates, births to young couples who separate
House bill 3994 was written by Geanie Morrison who is the Representative of Victoria. She said, “The intent of this bill is to improve the protection of the minor girl and ensure the parental rights are protected”. The whole intention of this
Colson states “The family, led by a married mother and father, is the best available structure for both child rearing and cultural health” (Colson, page 578). Says who? How is a non-heterosexual couple any less capable of raising a child? Not to mention, all the single parents out there due to either divorce or became widowed. A stable and loving environment is what a child needs, not for people to place a label on his or her parents.
Before analyzing the benefits and risks of parentification, it is critical to understand why children are placed in this circumstance. In a study conducted by Li Ping Chee, Esther C. L. Goh, and Leon Kuczynski, titled “Oversized Loads: Child Parentification in Low-Income Families and Underlying Parent–Child Dynamics”, a qualitative methodology was used to conduct
Having the RH Law would mean that people could be “unchaste” in their perspective without having to worry about the responsibility that comes with parenthood. In addition to that, there is no divorce in the
In all the states except Kansas and Alaska, birth records of adoptees are sealed to protect the privacy of the birth mother as well as the adoptive families. Kansas and Alaska give adoptees age 18 and over unconditional access to their birth records and nineteen other states allow limited access (Lyons). Recently, it has become harder for adoptees to find their birth parents causing one of the biggest controversies in society. Movies and TV shows typically exaggerate the reunions of birth mothers and adoptees, whereas in reality adoptees' original birth records can only be opened through a court order in several states. The efforts to retain their birth records is a stressful process and many are fighting to change the system.
The Baby Jessica Case A child, abandoned by blood, welcomed by the unknown and surrounded by both frustration and affection. Jessica Clausen-DeBoer, or Anna Schmidt, was born to Cara Clausen on February 9th, 1991. Jessica was originally left up for adoption by the DeBoers under the consent of her biological mother who got a signed consent of the believed-to-be biological father, Scott Seefeldt. This posed an issue, which led to greater conflict for years until the case ended, due to an error of the true paternity of Jessica.
1. The growing number over the years of one-parent households due to divorce and to unmarried women having and keeping their children and with so many children living in this type of childhood environment, pushed the adoption agencies to consider unmarried men and women as potential adopters for these overgrowing numbers of abandoned and homeless children around the
All that matters is that the child is brought up properly and is well taken care
This can become a single families from the father being absentee in the whole pregnancy which is very likely at a