Subpart 2. Parent-Child Relationship
SECTION 2-115. DEFINITIONS Uniform Probate Code
. In this [subpart]:
(1) “Adoptee” means an individual who is adopted.
(2) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse.
. In this [subpart]:
(1) “Adoptee” means an individual who is adopted.
(2) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse.
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(3) “Divorce” includes an annulment, dissolution, and declaration of invalidity of a
marriage.
(4) “Functioned as a parent of the child” means behaving toward a child in a manner consistent with being the child’s parent and performing functions that are customarily performed by a parent, including fulfilling parental responsibilities toward the child, recognizing or holding out the child as the individual’s child, materially participating in the child’s upbringing, and residing with the child in the same household as a regular member of that household.
(5) “Genetic father” means the man whose sperm fertilized the egg of a child’s genetic mother. If the father-child relationship is established under the presumption of paternity under [insert applicable state law], the term means only the man for whom that relationship is established.
(6) “Genetic mother” means the woman whose egg was fertilized by the sperm of a child’s genetic father.
(7) “Genetic parent” means a child’s genetic father or genetic mother.
(8) “Incapacity” means the inability of an individual to function as a parent of a child because of the individual’s physical or mental condition.
(9) “Relative” means a grandparent or a descendant of a grandparent.
Legislative Note: States that have enacted the Uniform Parentage Act (2000, as amended) should replace “applicable state law” in paragraph (5) with “Section 201(b)(1), (2), or (3) of the Uniform Parentage Act (2000), as amended”. Two of the principal features of Articles 1 through 6 of the Uniform Parentage Act (2000, as amended) are (i) the presumption of paternity and the procedure under which that presumption can be disproved by adjudication and (ii) the acknowledgment of paternity and the procedure under which that acknowledgment can be rescinded or challenged. States that have not enacted similar provisions should consider whether such provisions should be added as part of Section 2-115(5). States that have not enacted the Uniform Parentage Act (2000, as amended) should also make sure that applicable state law authorizes parentage to be established after the death of the alleged parent, as provided in the Uniform Parentage Act § 509 (2000, as amended), which provides: “For good cause shown, the court may order genetic testing of a deceased individual.”
(4) “Functioned as a parent of the child” means behaving toward a child in a manner consistent with being the child’s parent and performing functions that are customarily performed by a parent, including fulfilling parental responsibilities toward the child, recognizing or holding out the child as the individual’s child, materially participating in the child’s upbringing, and residing with the child in the same household as a regular member of that household.
(5) “Genetic father” means the man whose sperm fertilized the egg of a child’s genetic mother. If the father-child relationship is established under the presumption of paternity under [insert applicable state law], the term means only the man for whom that relationship is established.
(6) “Genetic mother” means the woman whose egg was fertilized by the sperm of a child’s genetic father.
(7) “Genetic parent” means a child’s genetic father or genetic mother.
(8) “Incapacity” means the inability of an individual to function as a parent of a child because of the individual’s physical or mental condition.
(9) “Relative” means a grandparent or a descendant of a grandparent.
Legislative Note: States that have enacted the Uniform Parentage Act (2000, as amended) should replace “applicable state law” in paragraph (5) with “Section 201(b)(1), (2), or (3) of the Uniform Parentage Act (2000), as amended”. Two of the principal features of Articles 1 through 6 of the Uniform Parentage Act (2000, as amended) are (i) the presumption of paternity and the procedure under which that presumption can be disproved by adjudication and (ii) the acknowledgment of paternity and the procedure under which that acknowledgment can be rescinded or challenged. States that have not enacted similar provisions should consider whether such provisions should be added as part of Section 2-115(5). States that have not enacted the Uniform Parentage Act (2000, as amended) should also make sure that applicable state law authorizes parentage to be established after the death of the alleged parent, as provided in the Uniform Parentage Act § 509 (2000, as amended), which provides: “For good cause shown, the court may order genetic testing of a deceased individual.”
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Comment
Scope. This section sets forth definitions that apply for purposes of the intestacy rules
contained in Subpart 2 (Parent-Child Relationship).
Definition of “Adoptee”. The term “adoptee” is not limited to an individual who is adopted as a minor but includes an individual who is adopted as an adult.
Definition of “Assisted Reproduction”. The definition of “assisted reproduction” is copied from the Uniform Parentage Act § 102. Current methods of assisted reproduction include intrauterine insemination (previously and sometimes currently called artificial insemination), donation of eggs, donation of embryos, in-vitro fertilization and transfer of embryos, and intracytoplasmic sperm injection.
Definition of “Functioned as a Parent of the Child”. The term “functioned as a parent of the child” is derived from the Restatement (Third) of Property: Wills and Other Donative Transfers. The Reporter’s Note No. 4 to § 14.5 of the Restatement lists the following parental functions:
Custodial responsibility refers to physical custodianship and supervision of a child. It usually includes, but does not necessarily require, residential or overnight responsibility.
Decisionmaking responsibility refers to authority for making significant life decisions on behalf of the child, including decisions about the child’s education, spiritual guidance, and health care.
Caretaking functions are tasks that involve interaction with the child or that direct, arrange, and supervise the interaction and care provided by others. Caretaking functions include but are not limited to all of the following:
(a) satisfying the nutritional needs of the child, managing the child’s bedtime and wake- up routines, caring for the child when sick or injured, being attentive to the child’s personal hygiene needs including washing, grooming, and dressing, playing with the child and arranging for recreation, protecting the child’s physical safety, and providing transportation;
(b) directing the child’s various developmental needs, including the acquisition of motor and language skills, toilet training, self-confidence, and maturation;
(c) providing discipline, giving instruction in manners, assigning and supervising chores, and performing other tasks that attend to the child’s needs for behavioral control and self- restraint;
(d) arranging for the child’s education, including remedial or special services appropriate to the child’s needs and interests, communicating with teachers and counselors, and supervising homework;
Scope. This section sets forth definitions that apply for purposes of the intestacy rules
contained in Subpart 2 (Parent-Child Relationship).
Definition of “Adoptee”. The term “adoptee” is not limited to an individual who is adopted as a minor but includes an individual who is adopted as an adult.
Definition of “Assisted Reproduction”. The definition of “assisted reproduction” is copied from the Uniform Parentage Act § 102. Current methods of assisted reproduction include intrauterine insemination (previously and sometimes currently called artificial insemination), donation of eggs, donation of embryos, in-vitro fertilization and transfer of embryos, and intracytoplasmic sperm injection.
Definition of “Functioned as a Parent of the Child”. The term “functioned as a parent of the child” is derived from the Restatement (Third) of Property: Wills and Other Donative Transfers. The Reporter’s Note No. 4 to § 14.5 of the Restatement lists the following parental functions:
Custodial responsibility refers to physical custodianship and supervision of a child. It usually includes, but does not necessarily require, residential or overnight responsibility.
Decisionmaking responsibility refers to authority for making significant life decisions on behalf of the child, including decisions about the child’s education, spiritual guidance, and health care.
Caretaking functions are tasks that involve interaction with the child or that direct, arrange, and supervise the interaction and care provided by others. Caretaking functions include but are not limited to all of the following:
(a) satisfying the nutritional needs of the child, managing the child’s bedtime and wake- up routines, caring for the child when sick or injured, being attentive to the child’s personal hygiene needs including washing, grooming, and dressing, playing with the child and arranging for recreation, protecting the child’s physical safety, and providing transportation;
(b) directing the child’s various developmental needs, including the acquisition of motor and language skills, toilet training, self-confidence, and maturation;
(c) providing discipline, giving instruction in manners, assigning and supervising chores, and performing other tasks that attend to the child’s needs for behavioral control and self- restraint;
(d) arranging for the child’s education, including remedial or special services appropriate to the child’s needs and interests, communicating with teachers and counselors, and supervising homework;
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(e) helping the child to develop and maintain appropriate interpersonal relationships with
peers, siblings, and other family members;
(f) arranging for health-care providers, medical follow-up, and home health care;
(g) providing moral and ethical guidance;
(h) arranging alternative care by a family member, babysitter, or other child-care provider or facility, including investigation of alternatives, communication with providers, and supervision of care.
Parenting functions are tasks that serve the needs of the child or the child’s residential family. Parenting functions include caretaking functions, as defined [above], and all of the following additional functions:
(a) providing economic support;
(b) participating in decision making regarding the child’s welfare;
(c) maintaining or improving the family residence, including yard work, and house cleaning;
(d) doing and arranging for financial planning and organization, car repair and maintenance, food and clothing purchases, laundry and dry cleaning, and other tasks supporting the consumption and savings needs of the household;
(e) performing any other functions that are customarily performed by a parent or guardian and that are important to a child’s welfare and development.
Ideally, a parent would perform all of the above functions throughout the child’s minority. In cases falling short of the ideal, the trier of fact must balance both time and conduct. The question is, did the individual perform sufficient parenting functions over a sufficient period of time to justify concluding that the individual functioned as a parent of the child. Clearly, insubstantial conduct, such as an occasional gift or social contact, would be insufficient. Moreover, merely obeying a child support order would not, by itself, satisfy the requirement. Involuntarily providing support is inconsistent with functioning as a parent of the child.
The context in which the question arises is also relevant. If the question is whether the individual claiming to have functioned as a parent of the child inherits from the child, the court might require more substantial conduct over a more substantial period of time than if the question is whether a child inherits from an individual whom the child claims functioned as his or her parent.
Definition of “Genetic Father”. The term “genetic father” means the man whose sperm fertilized the egg of a child’s genetic mother. If the father-child relationship is established under
(f) arranging for health-care providers, medical follow-up, and home health care;
(g) providing moral and ethical guidance;
(h) arranging alternative care by a family member, babysitter, or other child-care provider or facility, including investigation of alternatives, communication with providers, and supervision of care.
Parenting functions are tasks that serve the needs of the child or the child’s residential family. Parenting functions include caretaking functions, as defined [above], and all of the following additional functions:
(a) providing economic support;
(b) participating in decision making regarding the child’s welfare;
(c) maintaining or improving the family residence, including yard work, and house cleaning;
(d) doing and arranging for financial planning and organization, car repair and maintenance, food and clothing purchases, laundry and dry cleaning, and other tasks supporting the consumption and savings needs of the household;
(e) performing any other functions that are customarily performed by a parent or guardian and that are important to a child’s welfare and development.
Ideally, a parent would perform all of the above functions throughout the child’s minority. In cases falling short of the ideal, the trier of fact must balance both time and conduct. The question is, did the individual perform sufficient parenting functions over a sufficient period of time to justify concluding that the individual functioned as a parent of the child. Clearly, insubstantial conduct, such as an occasional gift or social contact, would be insufficient. Moreover, merely obeying a child support order would not, by itself, satisfy the requirement. Involuntarily providing support is inconsistent with functioning as a parent of the child.
The context in which the question arises is also relevant. If the question is whether the individual claiming to have functioned as a parent of the child inherits from the child, the court might require more substantial conduct over a more substantial period of time than if the question is whether a child inherits from an individual whom the child claims functioned as his or her parent.
Definition of “Genetic Father”. The term “genetic father” means the man whose sperm fertilized the egg of a child’s genetic mother. If the father-child relationship is established under
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the presumption of paternity recognized by the law of this state, the term means only the man for
whom that relationship is established. As stated in the Legislative Note, a state that has enacted
the Uniform Parentage Act (2000/2002) should insert a reference to Section 201(b)(1), (2), or (3)
of that Act.
Definition of “Relative”. The term “relative” does not include any relative no matter how remote but is limited to a grandparent or a descendant of a grandparent, as determined under this Subpart 2.
Definition of “Relative”. The term “relative” does not include any relative no matter how remote but is limited to a grandparent or a descendant of a grandparent, as determined under this Subpart 2.
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