Parentage Bar Exam Flashcards - Medical Study Cards
Master Parentage with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Parentage Flashcard Deck - 10 Cards
Flashcard 1: What is the effect of an adjudication of parentage?
Answer: A valid judgment determining parentage is binding on the parties and establishes the adjudicated person’s legal status as a parent or nonparent. It may support custody, visitation, decision-making, and child-support rights and duties.
Flashcard 2: How does assisted reproduction affect parentage under the majority statutory approach?
Answer: A person who consents to assisted reproduction with the intent to be a parent is generally a legal parent, even without a genetic relationship to the child. A donor who does not intend to parent is generally not a legal parent unless the parties’ agreement or statute provides otherwise.
Flashcard 3: Who generally may bring an action to establish parentage?
Answer: The child, the person claiming parentage, the child’s mother or other legal parent, and the state or an authorized support agency generally have standing, subject to statutory limits. A court may appoint a representative for a minor child when the child’s interests conflict with those of the adults.
Flashcard 4: What is the effect of a valid voluntary acknowledgment of parentage?
Answer: A valid acknowledgment, signed by the required parties and filed with the appropriate agency, has the force of an adjudication of parentage. It may generally be rescinded within a short statutory period and thereafter challenged only for fraud, duress, or material mistake of fact, subject to statutory time limits.
Flashcard 5: What is the usual role of genetic testing in a parentage proceeding?
Answer: A court may order genetic testing, and a properly conducted test showing a sufficiently high probability of genetic parentage creates a presumption or is strong evidence of parentage under the applicable statute. Genetic testing may be barred or limited when it would disestablish an existing legal parent-child relationship and doing so would not serve the child’s interests.
Flashcard 6: Who is the legal parent when a child is born through a gestational carrier?
Answer: Under the majority modern statutory approach, the intended parent or parents are legal parents if the statutory requirements for the gestational agreement are satisfied, while the gestational carrier is not a parent unless the agreement or statute so provides. Requirements commonly include written consent, legal counsel, and court or agency procedures.
Flashcard 7: What are the primary ways a legal parent-child relationship is established?
Answer: Parentage may be established by birth or gestation, marriage-based presumptions, voluntary acknowledgment, genetic testing and adjudication, adoption, or an agreement under assisted-reproduction statutes. The governing law is generally the applicable state version of the Uniform Parentage Act (UPA).
Flashcard 8: What is the marital presumption of parentage?
Answer: Under the majority rule, a person is presumed to be the parent of a child born during the marriage or within a specified period after the marriage ends. The presumption may be rebutted by clear and convincing evidence, commonly including genetic testing or proof of nonaccess.
Flashcard 9: What standard generally governs disputes over competing claims of parentage?
Answer: The court applies the applicable parentage statute and, when more than one person qualifies as a parent, resolves competing claims according to statutory rules and the child’s best interests. A biological connection alone does not necessarily defeat an established legal parent-child relationship.
Flashcard 10: What is the general rule for a person who has acted as a parent without biological or formal legal status?
Answer: Under the modern UPA approach, a person may obtain parentage by establishing a consistent, substantial relationship with the child, residence with the child, and holding the child out as the person’s own, when the statutory requirements are met. Older common-law doctrines vary, so the governing statute controls.
Keywords: Parentage flashcards, medical flashcards, NEET PG preparation, USMLE Step 1 flashcards, Anki alternative, spaced repetition medical, Oncourse flashcards
