Also known as:genetic children · biological child · natural child
Written by attorneys · grounded in primary & secondary sources — see below
A person who shares genetic material with another individual through biological reproduction.
Sources & Authorities
How it applies
Common Examples
6
Untimely Paternity Registry Filing
Guillermo Guzman learned of his former partner's pregnancy shortly before birth but took no steps to register with the state paternity registry. After the child arrived, he received notice of the birth yet still failed to file within thirty days. When the mother consented to adoption, the agency proceeded without notifying him because no timely registration existed. The court denied his later petition to vacate the decree.
Posthumous Conception Inheritance
Gideon Graves preserved gametes before cancer treatment. After his death his wife used them to conceive twins. The children sought social security survivor benefits as his genetic offspring. The court examined state intestacy law to determine whether the genetic link alone established inheritance rights.
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
Restatements
Dictionaries
Woodward v. Commissioner of Social Security760 N.E.2d 257, 270 (Mass.2002)
Biological Father Notice Claim
Gordon Gray had only a brief relationship with the mother and never established a relationship with the child. When she placed the child for adoption he received no notice because he had not registered as a putative father. He challenged the adoption on due process grounds arising from his genetic connection.
Lehr v. Robertson et al.463 U.S. 248 (1983)
Termination of Parental Rights
Genevieve Gardner's parental rights were terminated after the state proved permanent neglect. The court applied a clear and convincing evidence standard to the finding that she had failed to maintain contact with her genetic child despite opportunities to do so.
Santosky v. Kramer455 U.S. 745, 758-759 (1982)
Equal Protection Challenge
Gretchen Graham lived with her genetic children for several years before separating from their mother. When the mother consented to stepparent adoption he was denied the right to veto that the statute gave to mothers. He claimed the gender distinction violated equal protection.
Caban v. Mohammed441 U.S. 380 (1979)
Social Security Eligibility
Gwen Gallagher gave birth to twins conceived with her late husband's preserved sperm. The Social Security Administration denied benefits because state law did not recognize the children as his heirs. The Supreme Court reviewed whether the genetic relationship satisfied the statutory definition of child.
Astrue v. Capato ex rel. B.N.C.132 S. Ct. 2021 (2012)
Common questions
Frequently Asked
4
Does a genetic relationship alone entitle a father to notice of adoption?+
No. Under the Uniform Parentage Act a man must register in the state paternity registry before birth or within thirty days after birth to receive notice of adoption or termination proceedings regarding his genetic child. Failure to register timely forfeits the right to notice even when the genetic link is undisputed.
Supporting sources
Can informal support substitute for formal registration?+
No. Sporadic financial support and expressions of intent do not satisfy the registration requirement or establish an exception under the Uniform Parentage Act. Only an already established parent-child relationship or the timely filing of a parentage action excuses registration.
Supporting sources
Does ignorance of the registry excuse late registration?+
No. The statute imposes an affirmative duty on the putative father to register regardless of actual knowledge of the registry system. Diligent but non-registry efforts to locate the mother do not satisfy the statutory precondition for notice.
Supporting sources
How does genetic status affect intestacy claims by nonmarital children?+
A state may require formal paternity adjudication during the father's lifetime as a condition of inheritance. Posthumous DNA evidence alone does not override the statutory requirement even when the genetic link is clear.
Supporting sources
463 U.S. 248 (1983)Family Law
…three dissenters in Caban were prepared to "assume that, if and when one develops, the relationship between a father and his natural child is entitled to protection against arbitrary state action as a matter of due process." Caban v. Mohammed, supra , at 414 (emphasis added). The difference between the developed parent-child…