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Published Book or Work by:

Rosemarie Skaine

Overturning Paternity

Overturning Paternity
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Published by New York, N.Y.: Aspen Publishers, Inc (Nov. 2003)
2004
This article discusses the evolution of paternity law in the U.S. and issues involved in overturning paternity. This article is cited as follows:

Skaine, Rosemarie, "Overturning Paternity," Ron Brown and Laura W. Morgan, Eds., _2004 Family Law Update_, New York, N.Y.: Aspen Publishers, Inc. (November 2003), 25-60.

ISBN 0-7355-4219-8

§ 1.01 INTRODUCTION
[A] Changing Social Construction of Parenthood
[B] Overview of Overturning Paternity
§ 1.02 SUPPORT ISSUES ARE OFTEN THE REASON FOR ATTEMPTING TO OVERTURN PATERNITY
[A] Child Support as the Key Issue
[1] Arrears Forgiveness
[2] Claim for Reimbursement Support Paid
[3] Support Agreement for Other Children Does Not Relieve Father From Paying Support for Other Natural Children
[B] Best Interest of the Child
[1] Untimely Challenge
[C] Intact Family
[1] Protecting the Marital Family
[2] Courts Intolerant of Certain Parties
[3] Courts That Give Minimum Protection to the Marital Family
[D] Presumption of Legitimacy Theory
[1] Husband Not the Father but Still must Support
[2] Man Does Not Need to Offer Proof of Wife’s Affair
[3] Man Denied Tests Can Challenge Paternity
[4] Man Can Force Tests to Determine Paternity
[5] Presumption of Legitimacy and the Biological Stranger
[E] Statutes of Limitations and Disestablishing Paternity
§ 1.03 Overturning Paternity in Adoption, Divorce and Inheritance
[A] Adoption
[1] Adoption and Custody Proceedings
[2] Adoptive Father Denies the Validity of the Adoption Process
[B] Divorce
[1] Contesting Paternity After the Dissolution
[2] After Divorce, Estoppel Invoked
[3] Divorce and Estoppel Not Invoked
[C] Inheritance
§ 1.04 DETERMINING THE BIOLOGICAL FATHER
[A] Putative and Biological Fathers
[B] Blood Tests Must Be Properly Conducted
[1] Blood Tests Thrown Out
[2] Blood Tests Not Allowed for Retroactive Challenge of Paternity
[C] Status of Gestational Father
§ 1.05 NONMARITAL MAN OVERTURNING PATERNITY
[A] Nonmarital Deception
[B] Challenging the Presumption of Paternity
§ 1.06 ARTIFICIAL REPRODUCTION TECHNOLOGY AND OVERTURNING PATERNITY
[A] Artificially Inseminated from Donors Who Are Not Their Husbands
[B] Surrogacy
[C] Lesbian Couples and Paternity
§ 1.07 Fraud
[A] Challenging Paternity On the Ground of Fraud
§ 1.08 STATE LEGISLATIVE ACTION ON DETERMINING PATERNITY
§ 1.09 CONCLUSION
§ 1.10 APPENDIX A - SELECTED COURT CASES INVOLVING OVERTURNING PATERNITY
§ 1.11 APPENDIX B - STATE LEGISLATION REGARDING DISESTABLISHMENT OF PATERNITY
Child Guidance/Parenting , Educational , Law , Reference , Scholarly , Sociology , Women's Issues/Studies
 
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