| | This section provides for a determination of the mother-child | relationship if that issue is in dispute. Except in circumstances | involving immigration, cases involving disputed maternity are | extraordinarily rare. Therefore, the new UPA is otherwise written | in terms applicable to the determination of paternity, while | maintaining the possibility that a dispute may arise regarding | whether a woman claiming maternity actually is the mother of a | particular child. |
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| | Although certain provisions found in the balance of the Act | logically do not apply in a proceeding to establish maternity, | the Act continues the decision made in UPA (1973) not to burden | these already complex provisions with unnecessary references to | the ascertainment of maternity. Except for issues arising from | assisted reproduction technologies or gestational agreements, see | Article 7 and bracketed Article 8, § 201(a) is the sole provision | in the Act that specifically relates to the mother-child | relationship. In an actual case, a judge facing a claim for the | determination of the mother-child relationship should have little | difficulty deciding which portions of the Act should be applied. |
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| PARENT-CHILD RELATIONSHIP |
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| §1841.__Establishment of parent-child relationship |
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| | The parent-child relationship is established by: |
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| | 1.__Woman's giving birth.__The woman's having given birth to | the child, except as otherwise provided in subchapter 8; |
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| | 2.__Unrebutted presumption of parentage.__An unrebutted | presumption of parentage under section 1844; |
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| | 3.__Effective acknowledgment of paternity.__An effective | acknowledgment of paternity by the man under subchapter 3, unless | the acknowledgment has been rescinded or successfully challenged; |
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| | 4.__Adjudication of parentage.__An adjudication of parentage, | including adjudication as a defacto parent under section 1845.__ | An adjudication of parentage is not barred by the existence of a | presumed parent, acknowledged parent, adjudicated parent or birth | mother, even if this results in the child having more than 2 | parents; |
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| | 5.__Adoption of child.__Adoption of the child; |
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