E. Affiliation Proceedings

Question 1

When may Child be considered legitimate child of parents?*

Answer 1

Born in wedlock

• To parents entered into civil/religious marriage before/after Child’s birth
• Regardless of marriage validity

Born out of wedlock
- Presumption of paternity required

Born to married woman by artificial insemination
- Woman and Husband gave consent

Question 2

How may Court establish rebuttable presumption of paternity if Child is born out of wedlock?*

Answer 2

By Order of Filiation

1) On Court’s/Party’s motion
2) Order Mother/Child/Father
3) To submit to genetic marker/DNA tests
- UNLESS Court finds NOT in Child’s best interests (Doctrine of Equitable Estoppel)
4) Showing paternity to degree of certainty (at least 95%)
- UNLESS timely objection is made

By Acknowledgment of Paternity

1) 2 Witnesses must observe signing of acknowledgment at hospital
2) After 60 days of signing => Party must establish fraud/duress/material mistake of fact
3) Party can then file petition at Court => Court may order DNA test
- UNLESS Court finds NOT in Child’s best interest
- UNLESS Court finds party is equitably estopped
- UNLESS Court finds presumption of legitimacy