Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, September 28, 2006

The 2000 Uniform Parentage Act

Mary Patricia Byrn (Visiting Assistant Professor of Law – University of Minnesota) has recently posted her article entitled From Right to Wrong: A Critique of the 2000 Uniform Parentage Act on SSRN.
   
Here is the abstract:
   
In 1973, the National Conference of Commissioners on Uniform State Laws (the Conference) proposed a Uniform Parentage Act (UPA) that sought to treat all children equally by removing the legal distinction between marital and nonmarital children. The 1973 UPA demonstrated the progressive thinking of the Conference and led to similar changes in the parentage laws of every state in the country. In 2000, the Conference promulgated a new Uniform Parentage Act that includes broad provisions for determining parentage of children conceived through assisted reproductive technologies (ART). Unlike the 1973 UPA, however, this Act does not attempt to treat all children equally. Instead, the 2000 UPA leaves thousands of children conceived via ART and born to same-sex couples in the emotionally and financially vulnerable position of having only one legal parent.
   
This article analyzes the scientific advancements, social movements, and Supreme Court precedent that convinced the Conference to recognize both parents of nonmarital children in the 1973 UPA and argues that similar scientific advancements, social movements, and Supreme Court precedent existed in support of recognizing both parents of children conceived through ART and born to same-sex couples in the 2000 UPA. When faced with these arguments in 1973, the Conference made a bold - and ultimately overwhelmingly successful - choice. In 2000, however, the Conference made a short-sighted decision and proffered a model act that fails to address the needs of courts and states facing parentage determinations for these children throughout the country

https://lawprofessors.typepad.com/trusts_estates_prof/2006/09/the_2000_unifor.html

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Comments

Re: Uniform Parentage Act
Other than those of you practicing in the state of Washington (because I already know about In re the Parentage of Regina Calcaterra), does anybody have any information on cases where the Uniform Parentage Act was used by an "adult child" to establish his parentage?

Posted by: Warren Camp | Nov 5, 2006 2:33:50 AM

I am trying to findout where to get the physicians certificate for a gestational surrogacy no one seems to know where to get this in order to complete our surrogacy journey any help would be great thank you!

Posted by: Krys | Nov 17, 2008 6:14:30 PM

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