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A father is the male parent of a child. Besides the paternal bonds of a father to his children, the father may have a parental, legal, and social relationship with the child that carries with it certain rights and obligations. A biological father is the male genetic contributor to the creation of the infant, through sexual intercourse or sperm donation. A biological father may have legal obligations to a child not raised by him, such as an obligation of monetary support. An adoptive father is a man who has become the child's parent through the legal process of adoption. A putative father is a man whose biological relationship to a child is alleged but has not been established. A stepfather is a non-biological male parent married to a child's preexisting parent, and may form a family unit but generally does not have the legal rights and responsibilities of a parent in relation to the child.
A parent is a caregiver of the offspring in their own species. In humans, a parent is the caretaker of a child. A biological parent is a person whose gamete resulted in a child, a male through the sperm, and a female through the ovum. Biological parents are first-degree relatives and have 50% genetic meet. A female can also become a parent through surrogacy. Some parents may be adoptive parents, who nurture and raise an offspring, but are not biologically related to the child. Orphans without adoptive parents can be raised by their grandparents or other family members.
Paternity law refers to body of law underlying legal relationship between a father and his biological or adopted children and deals with the rights and obligations of both the father and the child to each other as well as to others. A child's paternity may be relevant in relation to issues of legitimacy, inheritance and rights to a putative father's title or surname, as well as the biological father's rights to child custody in the case of separation or divorce and obligations for child support.
The pater familias, also written as paterfamilias, was the head of a Roman family. The pater familias was the oldest living male in a household, and could legally exercise autocratic authority over his extended family. The term is Latin for "father of the family" or the "owner of the family estate". The form is archaic in Latin, preserving the old genitive ending in -ās, whereas in classical Latin the normal first declension genitive singular ending was -ae. The pater familias always had to be a Roman citizen.
DNA paternity testing is the use of DNA profiles to determine whether an individual is the biological parent of another individual. Paternity testing can be especially important when the rights and duties of the father are in issue and a child's paternity is in doubt. Tests can also determine the likelihood of someone being a biological grandparent. Though genetic testing is the most reliable standard, older methods also exist, including ABO blood group typing, analysis of various other proteins and enzymes, or using human leukocyte antigen antigens. The current techniques for paternity testing are using polymerase chain reaction (PCR) and restriction fragment length polymorphism (RFLP). Paternity testing can now also be performed while the woman is still pregnant from a blood draw.
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy, also known as bastardy, has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter bear the same implications.
A paternal bond is the human bond between a father and his child.
Partible paternity or shared paternity is a cultural conceptualization of paternity according to which a child is understood to have more than one father; for example, because of an ideology that sees pregnancy as the cumulative result of multiple acts of sexual intercourse. In societies with the concept of partible paternity this often results in the nurture of a child being shared by multiple fathers in a form of polyandric relation to the mother, although this is not always the case.
Partus sequitur ventrem was a legal doctrine passed in colonial Virginia in 1662 and other English crown colonies in the Americas which defined the legal status of children born there; the doctrine mandated that children of slave mothers would inherit the legal status of their mothers. As such, children of enslaved women would be born into slavery. The legal doctrine of partus sequitur ventrem was derived from Roman civil law, specifically the portions concerning slavery and personal property (chattels), as well as the common law of personal property.
Lydia Fairchild is an American woman who exhibits chimerism, having two distinct populations of DNA among the cells of her body. She was pregnant with her third child when she and the father of her children, Jamie Townsend, separated. When Fairchild applied for enforcement of child support in 2002, providing DNA evidence of Townsend's paternity was a routine requirement. While the results showed Townsend to certainly be their father, they seemed to rule out her being their mother.
The main family law of Japan is Part IV of Civil Code. The Family Register Act contain provisions relating to the family register and notifications to the public office.
Paternity fraud, also known as misattributed paternity or paternal discrepancy, occurs when a man is incorrectly identified as the biological father of a child. The underlying assumption of "paternity fraud" is that the mother deliberately misidentified the biological father, while "misattributed paternity" may be accidental. Paternity fraud is related to the historical understanding of adultery.
The Dannielynn Hope Marshall Birkhead paternity case, a.k.a. Birkhead v. Marshall, centered on a child born September 7, 2006 to Vickie Lynn Marshall. The child was named Dannielynn, and was registered on her birth certificate as the daughter of Vickie Lynn Marshall (Smith) and her live-in partner Howard K. Stern. Larry Birkhead, Smith's former love interest and photographer, steadfastly maintained his contention that he was the baby's father and filed a lawsuit to challenge paternity after Smith had given birth.
In genetics, a non-paternity event is the situation in which someone who is presumed to be an individual's father is not in fact the biological father. This presumption of NPE is a subset of a misattributed parentage experience (MPE) which may be on the part of the individual, the parents, or the attending midwife, physician or nurse. An MPE may result from sperm donation, undisclosed adoption, heteropaternal superfecundation, promiscuity, paternity fraud, or sexual assault, as well as medical mistakes, for example, mixups during procedures such as in vitro fertilization and artificial insemination. Where there is uncertainty, the most reliable technique for establishing paternity is genetic testing; however, there is still a risk of error due to the potential for gene mutations or scoring errors.
Supposititious children are fraudulent offspring. These arose when an heir was required and so a suitable baby might be procured and passed off as genuine. This practice seemed to be a common occurrence in Ancient Rome, being used to claim birthright status to a Roman father's wealth and prestige, and rules were instituted to ensure that the children claimed by the wife were the legitimate children of the husband, or ex-husband, in some cases.
The "presumption of legitimacy" is a common law rule of evidence that states that a child born within the subsistence of a marriage is presumed to be the child of the husband.
Sperm theft, also known as unauthorized use of sperm, forced fatherhood, spermjacking or spurgling, occurs when a man's semen is used, against his will or without his knowledge or consent, to inseminate a woman. It can also include deception by a partner about their ability to get pregnant or use of contraceptives, birth control sabotage, and sexual assaults of males that result in pregnancy. Although the term uses the word "theft", it more closely falls under a state of fraud or breach of contract. Sperm theft is not illegal and is difficult to prove. It usually has no bearing on issues like child support. It is considered an issue in the men's rights movement.
Recognition is the process in some jurisdictions whereby a man is recognised as the father of a child in situations of no presumption of paternity, generally because the mother is unwed. Historically, the Roman law principle of mater semper certa est causes the action was not available to mothers, but the introduction of in-vitro fertilisation has changed that to change. Recognition is an act that confers legitimacy on the child.
Michael H. v. Gerald D., 491 U.S. 110 (1989), was a case decided by the Supreme Court of the United States involving substantive due process in the context of paternity law. Splitting five to four, the Court rejected a challenge to a California law that presumed that a married woman's child was a product of that marriage, holding that the due-process rights of a man who claimed to be a child's biological father had not been violated.
MR and DR v An t-Ard-Chláraitheoir [2014] IESC 60, [2014] 3 IR 533 is a reported Irish Supreme Court case decision. The Court held that the Civil Registration Act 2004 only allows the birth mother to be on the birth certificate. It was decided that children born through surrogacy will have the name of their birth mother on their birth certificate and not the mother who is going to raise them.
References
- ↑ K. Zweigert; K. Drobnig (1 January 1991). International Encyclopedia of Comparative Law. BRILL. pp. 28–. GGKEY:1LUWFFPE9KR.
- ↑ "Trans man who gave birth loses historic court battle to be named his child's father". 25 September 2019.
- ↑ Rawe, Julie (19 January 2007). "Duped Dads Fight Back". Time Magazine U.S. Archived from the original on February 8, 2007.