Act in the interests of the nonbiological father seeking to be relieved of parental responsibility for a child he did not procreate by allowing disestablishment without consideration of the best interests of the child
Read the following three approaches to disestablishment legislatures and courts can adopt.
1. act in the interests of the nonbiological father seeking to be relieved of parental responsibility for a child he did not procreate by allowing disestablishment without consideration of the best interests of the child? Under Maryland law, for example, in proceedings to modify or set aside paternity declarations, a “determination of the best interests of the child in ordering… testing, or in the consideration of paternity, whether original or revised, is inappropriate.” “Simply stated, the fact of who the father of a child is cannot be changed by what might be the best interests of the child.” Finality of paternity determinations is outweighed by fairness to a man who is not a child’s biological father. The “law will not compel one who has stood in the place of a parent to support the child after the relationship has ceased.”
2. act in the best interests of the child by maintaining an existing parent-child relationship and not allowing disestablishment? The Vermont Supreme Court has described this position as follows: … The financial and emotional welfare of the child, and the preservation of an established parent-child relationship, must remain paramount. Where the presumptive father has held himself out as the child’s parent and engaged in an ongoing parent-child relationship for a period of years, he may not disavow that relationship and destroy a child’s long-held assumptions solely for his own self-interest…. Whatever the interests of the presumed father in ascertaining the genetic “truth” of a child’s origins, they remain subsidiary to the interests of the state, the family, and the child in maintaining the continuity, financial support, and psychological security of an established parent-child relationship.
3. act in the best interests of the child by allowing disestablishment on the ground that the child should have the opportunity to know his or her biological father? … Children have a profound right to know their father. They have an interest in their father’s care and companionship… . In certain cases, it will be in the child’s best interest to know the father’s identity. Moreover, it is in the child’s best interest to have the opportunity to establish a relationship with him.
Are there circumstances under which a parent should be allowed to disestablish parenthood? If so, what limits should be placed on the process and why?
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