Title Legal Dynamics in Parentage Determinations

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School

Liberty University *

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340

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Law

Date

Apr 3, 2024

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docx

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Uploaded by MinisterHorse4058

Adriana Ciacciarella Family Law Prof Dosio January 29, 2024 Parentage Determination Short Essay Parentage determinations, surrogacy disputes, and adoption processes all form the intricate structure of family law, which requires a delicate understanding of legal, ethical, and societal considerations. This short essay will examine the role of each party involved in parentage determination, each test employed in surrogacy dispute resolution, and a categorization of adoptions based on assisted reproductive techniques and the eligibility criteria needed to complete the process. First, I will explain who is a part of the three parties when dealing with parentage determinations. According to the text, the three parties are the “The child, the parents, and the Government. ” The genetic contributors also known as the biological parents’ interest are inherently tied to the biological connection with the child. Their primary motivation lies in establishing or contesting parentage based on the genetic link, seeking legal recognition of their biological relationship with the child. The legal parents or the intended parents, typically involved in surrogacy or assisted reproduction, hold a distinct interest in establishing themselves as the legal parents. This interest stems from the desire to form a family and secure legal

acknowledgment of their parental role, irrespective of the genetic connection. And lastly, the child's interests. The child, as a pivotal stakeholder, has an essential interest in understanding and being raised by either their biological or legal parents. Determining parentage is crucial for issues ranging from inheritance rights to matters of citizenship, significantly impacting the child’s sense of identity and familial connections. Secondly, I will lightly discuss in detail surrogacy disputes that necessitate a sophisticated legal framework. These tests often are the Genetic Link Test, this test assesses the genetic connection between the child and the intended parents, and it becomes particularly pertinent in areas where genetic ties carry legal significance. Then there is the intent test. The Intent Test scrutinizes the intentions of the parties involved in the surrogacy agreement. Courts assess whether the intended parents unequivocally intended to assume legal parentage, with emphasis on the importance of contractual clarity. The third test I researched is the Best Interests of the Child Test. This standard test prioritizes the welfare of the child in determining legal parentage. Courts consider the factors such as stability, emotional support, and overall well- being to ensure the child's best interests are paramount. The last test would be the Gestational and Birth Mother's Rights Test: Acknowledging the rights of the gestational or birth mother, this test becomes pivotal in situations where no pre-existing legal agreement is in place. It aims to balance the interests of the birth mother with those of the intended parents. Finally, I will delve into adoption, which is a multifaceted legal process, adoption can be categorized based on creation methods and eligibility criteria such as Independent Adoption

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