Do medically assisted pregnancies affect parental rights?

As medical science advances, there are a variety of ways in which individuals who wish to become parents can be helped to do so by medically assisted means, including artificial insemination and in vitro fertilization. These medical procedures have legal implications that vary by state. Generally, however, if both husband and wife consent to artificial insemination or in vitro fertilization, the rights and duties of the husband, the wife, and the child will be the same as if the child had been naturally conceived.

What is surrogate parenthood?

A woman agrees, with or without payment, to bear a child for someone else. This usually occurs when a wife cannot conceive or carry a child to term. In most cases, through artificial insemination, the husband's sperm fertilizes an egg belonging to either the wife or the surrogate mother. This makes the husband the biological father of the child. The surrogate mother agrees to give up all parental rights at birth. Then the wife of the biological father legally adopts the child. Some states permit surrogate parenting arrangements; others prohibit them.

How do you determine paternity in cases that don't involve surrogacy or artificial insemination?

Paternity cases increasingly rely on scientific evidence. The blood tests used during much of the last century were useful only up to a certain point. They might prove that a man was not the father of a child, but could not prove that he was the father. New tests that sample the DNA (genetic material) of the child and the supposed father are nearly 100 percent accurate in proving or disproving paternity.

May an unmarried mother legally force the father of her baby to support the child?

Yes. Both parents, married or not, have a duty to support their child. If the father admits paternity, the father often will be asked to sign an affidavit (a legal statement) to that effect. Then, if necessary, it will be easier to force the father to help support the child. If he does not admit to being the father, the mother may file a paternity suit against him. If this civil action succeeds, the court will require the father to provide support. Often the court will also require the father to pay the mother's pregnancy and childbirth expenses.

If paternity is proved, how much will the father have to pay in support?

Unwed parents must support their children to the same extent as married parents. Child support guidelines, which have been enacted in all states, determine the amount of support. As with children born to married parents, the obligation of support usually lasts until the child is an adult.

What happens if a father refuses to pay support?

If a father refuses to support his child, a court may garnish his wages, seize his property or bank accounts, revoke his driver's license or professional license, and perhaps even send him to jail.

What may a husband legally do if his wife bears a child that is not his?

The law presumes that a married woman's child is her husband's. The husband must support the child unless he can prove in court that he is not the father. Some states presume the husband is the father and will not allow a husband to disprove paternity of a child born during the marriage. If a state does allow a husband to disprove paternity of a child born during the marriage, the law may set a certain time period after birth (such as two years) within which the husband must disprove paternity.

May a father of a child whose mother is married to another person file suit to establish paternity of the child?

The law varies from state to state. Some states allow such suits to be filed and allow a man to file suit to prove paternity of a child born to a woman who is married to someone else. The man who filed suit then might be able to obtain visitation (or custody in unusual circumstances.) Other states prohibit such suits and automatically presume that the woman's husband is the father.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association