Abstract

http://ssrn.com/abstract=958095
 


 



No Genetic Ties, No More Fathers: Voluntary Acknowledgment Recissions and Other Paternity Disestablishments Under Illinois Law


Jeffrey A. Parness


Northern Illinois University - College of Law


John Marshall Law Review, 2007
Washington & Lee Legal Studies Paper No. 2007-08

Abstract:     
This paper begins by examining federal paternity standards involving voluntary paternity acknowledgments of children born to unmarried women. These standards are increasingly important as voluntary acknowledgments are now typically required for birth certificate recognitions of paternity for children born to unmarried women and as the number of births to unmarried women in the United States has doubled in the past two decades. The paper then explores the confusion in Illinois over these standards arising from the 2004 Illinois Supreme Court decision in People v. Smith. It then illustrates that there is similar confusion nationwide. For example, there is much doubt about what happens when males initiate paternity disestablishment proceedings seeking to rescind voluntary paternity acknowledgments based on lack of genetic ties. Next, the paper reviews other paternity disestablishment standards in Illinois. In doing so, it reveals that the conditions for paternity disestablishment frequently are dependent upon legal distinctions that are, at the least, unsound (and perhaps unconstitutional). The paper concludes with suggested reforms for both federal and Illinois laws on initial paternity designations and on later paternity disestablishments.

Number of Pages in PDF File: 48

Accepted Paper Series





Download This Paper

Date posted: January 20, 2007 ; Last revised: February 13, 2009

Suggested Citation

Parness, Jeffrey A., No Genetic Ties, No More Fathers: Voluntary Acknowledgment Recissions and Other Paternity Disestablishments Under Illinois Law. John Marshall Law Review, 2007; Washington & Lee Legal Studies Paper No. 2007-08. Available at SSRN: http://ssrn.com/abstract=958095

Contact Information

Jeffrey A. Parness (Contact Author)
Northern Illinois University - College of Law ( email )
Swen Parson Hall
DeKalb, IL 60115
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,853
Downloads: 153
Download Rank: 115,887

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.265 seconds