Also known as:filiations · filial · filiality · filius · filia · filiusfamilias · filiolus · filious · paternity · maternity · parentage
Written by attorneys · grounded in primary & secondary sources — see below
The legal relationship of a child to a parent. This relationship determines rights to notice in adoption proceedings, inheritance eligibility, and support obligations once established by adjudication, genetic evidence, or conduct manifesting parental responsibility.
Sources & Authorities
How it applies
Common Examples
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Unmarried Father Seeks Adoption Notice
Francois Fortier obtained a court order declaring him the legal father of a newborn based on genetic testing and the mother's stipulation. He paid support and visited regularly for two years. When the mother later sought to place the child for adoption, Francois petitioned for notice of the proceeding. The court granted his request because the prior adjudication had already established the parent-child relationship under state law independent of any registry requirement.
Surrogacy Parentage Determination
Faye Fuller served as gestational carrier for Fernando Farrell and his spouse under a written agreement. After the child's birth, Faye filed to adjudicate parentage. The court applied the Uniform Probate Code provision directing that parentage in assisted reproduction cases be resolved under the Uniform Parentage Act, confirming Fernando and his spouse as the legal parents while recognizing Faye's standing to initiate the action.
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Cases
Uniform Acts
Common Law
Restatements
Dictionaries
Standing Challenge in Parentage Suit
Felicia Fuentes sued to establish filiation with a child born during her prior relationship. The defendant moved to dismiss for lack of standing. The court denied the motion, holding that the plaintiff fell within the statutory category of a person whose parentage was to be adjudicated and therefore possessed the right to bring the action regardless of any surrogacy contract labels.
Filiation and Privacy Interests
Felix Franco sought to establish filiation after learning he was the biological father of a child placed for adoption. The court balanced the father's interest in developing a relationship against the state's interest in finality of adoption decrees. Because no prior termination order had been entered, the court allowed the filiation proceeding to proceed.
Gender-Based Filiation Presumptions
Francisco Frost challenged a state statute that applied different evidentiary standards to mothers and fathers seeking to establish filiation. The court struck down the distinction, holding that gender-based classifications in parentage proceedings violate equal protection when they rest on outdated stereotypes rather than substantial relation to an important governmental interest.
Inheritance Rights of Nonmarital Child
Fusion Power's founder died intestate. His nonmarital son, represented by Felicia Fuentes, offered DNA evidence to prove filiation. The court denied the claim because state law required a lifetime paternity adjudication. The statute's lifetime requirement was upheld as substantially related to the state's interest in orderly estate administration.
Trimble v. Gordon430 U.S. 762, 775 n.16 (1977)
Common questions
Frequently Asked
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How is filiation established when a man has not registered with a putative father registry?+
A prior court adjudication of paternity under state law other than the Uniform Parentage Act satisfies the parent-child relationship requirement and exempts the father from registration. Consistent payment of support and exercise of visitation further confirm the functional relationship recognized by the court.
Does a gestational carrier have standing to adjudicate parentage?+
Yes. The woman who gave birth is expressly authorized to commence a parentage action unless a court has already adjudicated her nonparent status. Contract labels and hospital paperwork do not constitute such an adjudication.
What standard of proof applies in civil filiation proceedings?+
Preponderance of the evidence is constitutionally sufficient. States may permit paternity to be established by this standard without violating due process.
Can community reputation evidence prove filiation?+
Yes. Reputation among family or in the community concerning ancestry, legitimacy, or birth is admissible under the hearsay exception for personal or family history when the declarant is unavailable.
410 U.S. 113 (1973)Constitutional Law
…this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also…