CHOICE OF LAW & PATERNITY Professor William Reynolds University of Maryland School of Law

Uniform Parentage Act, adopted in 18 states, has been officially superseded by the Uniform Parentage Act, adopted in 9 states. The 1973 Act is based on traditional notions—“natural” and “adoptive” parents (Sec. 3); age-old presumptions of paternity (Sec.4). The 2002 Act is much more state- of-the-art.

The 1973 Act does not address choice of law. The 2002 Act provides that: “(b) The court shall apply the law of this State to adjudicate the parent-child relationship. The applicable law does not depend on: (1) the place of birth of the child; or (2) the past or present residence of the child.”

That seems pretty clear: Forum law controls paternity issues, and we don’t care where the child was born or where she now lives. But there are some questions....

But what if the case is brought in a state that has not adopted the 2002 Act? -- Does forum have a strong interest in the problem? -- Does another state have a stronger interest? -- Forum non conveniens?

An acknowledged father seeks to disestablish his paternity in a state different from that where the acknowledgement took place. Does Sec. 103 of the 2002 Act apply to disestablishment questions? Is disestablishment a “proceeding to adjudicate the parent-child relation”? What if the forum is in a state different from where paternity was acknowledged/adjudicated? DISESTABLISHMENT

A child is born to a same-sex couple in a state where the marriage is legal and they are the presumed parents under the law of that state. One parent and the child move to a state that does not recognize same-sex marriage; does the presumption still hold? SAME-SEX MARRIAGE

A “gestational” contract is entered into in a state where it is legal. The gestational mother decides to keep the child and moves to a state where the agreement is illegal. The “intended parents” sue to establish paternity. -- Is there a judicially “validated agreement” under Sec. 801 of the 2002 Act? -- If not, is the gestational mom the mother” under Sec. 201(a)(1), and is the intended dad (if sperm donor) the father under Sec. 201 (b) if paternity is adjudicated? GESTATIONAL CONTRACTS