Warren County DSS v. Garrelts (North Carolina 2021)
A determination of paternity affects a substantial right. As such, the applicable law when determining paternity is the law of the “situs of the claim” or in other words, the law of the state where the claim arises. The mother and defendant, who lived in Virginia, agreed the defendant would donate sperm for artificial insemination. The insemination happened in Virginia, the child was born there, and lived there until moving to California. In California, the mother began receiving public assistance. At California’s request, North Carolina brought a paternity action.
Read MoreIn re MF (Kansas 2020)
A same-sex partner, who didn’t give birth to a child, can be recognized as a parent using K.S.A. 2019 Supp. 23-2208(a)(4) when the child’s birth parent consented to shared parenting at the time of the child’s birth. This case came before the Supreme Court on appeal from lower court decisions denying a same-sex partner parentage…
Read MoreIn re W.L. and G.L. (Kansas 2020)
The unmarried partner of a same sex couple can be recognized as a legal parent under K.S.A. 2019 Supp. 23-2208(a)(4) presumption of maternity. The appellant filed to establish parentage of the twins born to her same-sex partner. The district court denied the petition, which the court of appeals upheld. The Supreme Court reversed. An unmarried…
Read MoreIn the Matter of W.L. and G.L. (Kansas 2019)
To prove parentage, an unmarried person must first show a presumption of parentage by a preponderance of the evidence. The burden then shifts to the responding parent to rebut the presumption by clear and convincing evidence. This case involves parentage for twins born to same-sex partners using artificial reproduction. The partners never married or entered…
Read MoreDeFacto Parent and Non Parent Child Support Orders
Recently, state laws have recognized this parental right of “care, custody, and control” to opposite sex unmarried couples who bore the child of sex. Even more recently, state laws have recognized this parental right for those who did not engage in sexual intercourse leading to a pregnancy and birth. State laws have also increasingly limited…
Read MoreIn re KMH (Kansas 2007)
A man may be deemed a sperm donor if he provides sperm directly to a female for insemination in a doctor’s office. The man does not have to provide his sperm directly to a physician performing an artificial insemination to be deemed a sperm donor.
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