National Conference of Commissioners on Uniform State Laws

211 E. Ontario St., Suite 1300, Chicago, IL 60611
tel 312-915-0195, fax 312-915-0187

For Immediate Release

UNIFORM PARENTAGE ACT REVISED

August 3, 2000-A substantial revision to the Uniform Parentage Act (UPA) was approved today by the National Conference of Commissioners on Uniform State Laws (NCCUSL) at its 109th Annual Meeting in St. Augustine, Florida. The UPA of 1973 was a landmark act which abolished all legal distinctions between legitimate and illegitimate children, and provided procedures for determination of paternity where marriage or proof of marriage was lacking.

But now, more than a quarter century after it's promulgation, NCCUSL has revised the act. In many ways, the new Uniform Parentage Act (2000) is simpler and more streamlined than the original act. It's main purpose is determining parentage of a child.

The new act updates many sections from the 1973 act, including a much more comprehensive section on genetic testing, but also has many new provisions. For example, a new section is included in the revision which deals with voluntary acknowledgment of paternity. This is included in an effort to encourage states to adopt nonjudicial means to achieve early determination of paternity.

There is also a new section on establishment of a paternity registry. This allows fathers of children born out of wedlock to register if they wish to be notified of any termination of parental rights or adoption proceedings.

The revision allows standing to challenge the marital presumption of paternity. If a child has a presumed father, i.e. the husband of the mother at the time of birth, issues of paternity can get complex. The right of an "outsider" to claim paternity of a child born to a married woman varies considerably among the states. Some states do not allow such actions while others permit such actions. The revision provides a middle ground. It allows a proceeding which will seek to rebut this presumption of paternity, but the proceeding must be commenced not later than two years after the birth of the child. A two-year period allows an adequate time period to resolve the status of a child within the context of an intact family unit; a longer period may have severe consequences for the child.

The revision also incorporates provisions from the Uniform Status of Children of Assisted Conception Act (USCACA). Like USCACA, the revision offers validation of surrogacy contracts through court approval.

The new Uniform Parentage Act provides workable and sound rules for determining the parentage of a child. The primary focus remains on protecting the child, who had no voice in often complex circumstances giving rise to the child's birth.

The drafting committee to revise the Uniform Parentage Act was chaired by Harry L. Tindall of Houston, Texas. Other committee members included: Jack Davies, St. Paul, Minnesota; Gail H. Hagerty, Bismarck, North Dakota; Lyle W. Hillyard, Logan, Utah; Peter K. Munson, Sherman, Texas; James C. Nelson, Helena, Montana; Arthur H. Peterson, Juneau, Alaska; Elwaine F. Pomeroy, Topeka, Kansas; and Robert C. Robinson, Portland, Maine. John J. Sampson of Austin, Texas, served as the committee's reporter.