Consequences: Rights & Responsibilities • Rights Services Constitutionally recognized right to raise children as parents see fit. Meyers, Pierce, Prince, Yoder • Responsibilities Support Protection
Forms of State Regulation: • 1. Displace parental authority • 2. Reinforce parental authority • 3. Vindicate child's right to autonomy from parent
The importance determining paternity . . . • Obtain child support from father • Establish father’s visitation and custodial rights • Confirm -- peace of mind • Determine grandparentage, inheritance rights, insurance claims, or Social Security benefits.
Present statistics -- national • As recently as 1960, only 5% of American children were born outside marriage. • Presently, more than 40% of American children are born to parents who are not married. U.S. Bureau of the Census, Current Population Reports, (2006).
History -- filius nullius • Under early common law, a child born out of wedlock was considered filius nullius -- the child of no one. If paternity was established at all, the parents suffered the indignities of criminal “bastardy” proceedings, and the child had few legal rights.
History, cont’d • Fathers of children born out-of-wedlock were viewed as irresponsible by the common law. • Consequently, they were often not given visitation, custody, or an opportunity to adopt.
The Unwed Father and the Constitution • Stanley v. Illinois (1972) • Quillion v Walcott (1978) • Caban v. Mohammed (1978) • Lehr v. Robertson (1983)
Michael H. v. Gerald D. • The presumption • The rationale • Identifying the Interest • The child’s liberty interest? • Third party visitation rights
Establishing Paternity: legal developments • Quasi-criminal • Administrative processes • Change in evidentiary standard • Federal Governments role • Uniform Parentage Act