Provisions of this chapter relating to determination of paternity apply to determinations of maternity.

Comment

(This is section 106 of the UPA.)

Source: UPA (1973) § 21.

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.

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.

SUBCHAPTER 2

PARENT-CHILD RELATIONSHIP

§1841.__Establishment of parent-child relationship

The parent-child relationship is established by:

1.__Woman's giving birth.__The woman's having given birth to the child, except as otherwise provided in subchapter 8;

2.__Unrebutted presumption of parentage.__An unrebutted presumption of parentage under section 1844;

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paternity.__An effective acknowledgment of paternity by the man under subchapter 3, unless the acknowledgment has been rescinded or successfully challenged;