What Is a Judgment of Parentage?

Thanks to assisted reproduction, parents who might otherwise not have had children can experience the joy of parenthood. Options like surrogacy have been a tremendous benefit to couples dealing with infertility, LGBTQ families, and other parents unable to conceive on their own.

Families who use surrogacy must obtain a judgment of parentage to establish a parental relationship with their child. Parents also need a judgment of parentage to establish paternity and other legal rights regarding children.

What is Parentage?

Very simply, "parentage" means determining the legal parents of a child. In practice, determining parentage is less straightforward than that.

Thanks to assisted reproduction, surrogacy agreements, blended families, and adoption, a child's parents are not necessarily the people who provide the DNA.

Parenting Definitions

Different states have their own definitions for "parents," but in general, the parents of a child can be any of the following:

• Biological parents (the birth mother and father)
• Natural or presumed parents (the parents named on the birth certificate)
• Legal parents named by court order
• An alleged parent (usually the father) is someone said to be the parent but who has not proven their relationship (also known as a putative parent)
• A surrogate parent (mother) has carried the child to term but is not biologically related to the child

What is Assisted Reproduction?

Thanks to modern medical technology, couples who previously were unable to conceive can have children of their own.

Assisted reproduction involves taking eggs from one partner or from a female donor. Doctors inject the male partner's sperm or a donor's sperm into the egg (in vitro fertilization).

If the couple cannot carry the fetus themselves, a surrogate or gestational carrier carries the fetus to term.

What is a Judgment of Parentage?

A judgment of parentage is a court order naming someone as the legal parent of the child. Without a judgment of parentage, a child's natural parents are assumed to be the birth mother and the father named on the child's birth certificate, if any.

A judgment of parentage is necessary for:

• Unmarried parents: An unmarried parent is not automatically the legal parent (usually the father). A father can sign a voluntary acknowledgment of parentage (VAP) at the time of the birth of the child or agree to have his name put on the birth certificate.
• Assisted reproduction or surrogacy: Unless the parents have used in vitro fertilization, if either or both parents are not biologically related to the child, they must have a pre- or post-birth order granting them legal parentage.
• Second-parent adoption: Some states, like California, allow a child to have more than two legal parents. Other kinds of second-parent adoptions include step-parent adoptions and same-sex parent adoptions, where the child is the biological child of one partner.

When there is a dispute about a child's parentage, or when the parents use any type of assisted reproduction, they must obtain a judgment of parentage to become the child's legal parents.

What is a Voluntary Acknowledgement of Parentage?

A voluntary acknowledgment of parentage (VAP) is a form that one or both parents sign admitting they are the lawful parent of a child. A VAP (sometimes known as a "voluntary declaration") creates a legal relationship with a child without requiring a court hearing or an order for a DNA test.

Once the parents sign the VAP, they have parental rights and can make legal decisions about the child's care, apply for Social Security benefits for the child, and have rights to visitation and custody.

Why Do I Need a Judgment of Parentage?

You need a judgment of parentage to be recognized as a child's legal parent. Legal parents can act in the best interest of the child without further orders from the court.

Once you have a judgment of parentage, you are recognized as the child's parent by law. With this recognition, you're able to:

• Request child support from the other parent
• File for visitation and child custody
• Claim the child as a dependent for health care, insurance, and tax purposes

State laws vary regarding obtaining a judgment of parentage. If you are considering surrogacy or other assisted reproduction methods, your first step should be consulting a family law attorney specializing in reproductive rights. It's essential to have a surrogacy agreement that includes a pre-birth order granting parentage.

Obtaining a Judgment of Parentage

Parentage cases begin by filing a petition with the family court. In an uncontested case, both parents can sign an agreement and file it at the same time.

Parents in all child cases must include a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form. This document lists the child's residences and affirms that there are no other pending custody cases regarding this child. The UCCJEA is essential for protecting the child's rights and those of other parents.

If one parent contests the case, which happens in some surrogacy cases, the parties must appear in a court hearing. Parties will present their evidence and arguments for their claim.

In some states, like California, surrogacy agreements are legally enforceable. Other states have banned gestational or genetic surrogacy or will not enforce the agreement depending on the nature of the contract.

Families using assisted reproduction should get legal advice from a family law attorney with experience in reproductive contracts and artificial conception.

Get Legal Advice from a Family Law Attorney

Unmarried parents, same-sex couples, and families struggling with infertility all need judgments of parentage to make their households complete.

To ensure they have legal parentage, you should speak with a qualified family law attorney or adoption attorney in your area. These legal professionals will help ensure the court case goes smoothly.