Paternity

Assisted reproductive techniques-including the use of a surrogate mother-and legal recognition of parental rights of those who lack a biological connection to a child have altered the traditional analysis of who is a parent. The California Supreme Court has found that a child may have two legally recognized parents of the same gender.

Parental status may arise in number of ways, including: (1) giving birth to a child unless there is surrogate parenting agreement; (2) receiving a child into the home and holding the child out as his or her child; (3) through a natural mother’s actual or putative spouse or registered domestic partner; (4) executing a parentage declaration under the Family Code; (5) the use of assisted reproductive techniques with the intent of becoming a parent; and (6) adoption.

In order to bring an action in court there are times you have to file “parentage” action first. An experienced attorney knows that the parent-child relationship gives rise to numerous legal rights, privileges, duties, and obligations, such as; (1) child custody and visitation rights; (2) the right to choose a child’s place of residence; (3) the right to a child’s earnings; (4) the duty of a parent to support a child; (5) the duty of an adult child to support an indigent parent; (6) inheritance rights and public assistance rights. 7) Immigration rights; (8) insurance rights; (9) survivor benefits rights; (10) social security rights; and (11) standing of parents to seek tort damages.

If you or your loved ones need help in any of these areas, please contact Jos Family Law at (714) 733-7066 or jos@josfamilylaw.com.

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