A New Twist in Divorce
Paternity Tests as Solomon's Sword
Bibliographic Data
| ID | 19463812 |
|---|---|
| Authors | Wolfgang Hirczy (Oklahoma State University Oklahoma City, corresponding author) |
| Year | 1994 |
| Volume | 20 |
| Issue | 1-2 |
| Pages | 85-104 |
| Publication date | 1994-03-07 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of Divorce & Remarriage (JOURNAL) |
| Journal identifiers | ISSN: 1050-2556 • E-ISSN: 1540-4811 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1300/j087v20n01_05 |
| OpenAlex | W1507502469 |
| Language | EN |
| Citations received | 2 |
Development of highly accurate genetic tests in combination with recent legislative changes and judicial rulings have facilitated challenges to the presumption of legitimate birth in wedlock, even where the husband wishes to maintain his status as a parent. In many jurisdictions divorcing mothers may now contest their spouse's paternity of children of the marriage, and prove their denial by means of court-ordered blood tests. This article analyzes the family policy challenge posed by this innovation, and recommends a statutory remedy to protect a marital father's developed relationship with his child against termination through non-paternity action. The normative premise of the argument is the importance of preserving a child's relationship with its de facto marital father, as opposed to a legal definition of child-parent relationships based exclusively on biological parentage
Child custody · Child support · CONTEST · Criminology · De facto · Denial · Domestic relations · Family law · Legislature · Normative · Political science · Premise · Presumption · Spouse · Statutory law · Ethics and Legal Issues in Pediatric Healthcare · Law · Legal Systems and Judicial Processes · Psychology · Reproductive Health and Technologies · Social Psychology
| Citations per year | 0.1 |
|---|---|
| Citation span | 2005 - 2005 (1) |
| Highly cited | No |