PREFATORY NOTE

The National Conference of Commissioners on Uniform State Laws has addressed the subject of parentage throughout the 20th Century. In 1922, the Conference promulgated the "Uniform Illegitimacy Act," followed by the "Uniform Blood Tests To Determine Paternity Act" in 1952, the "Uniform Paternity Act" in 1960, and certain provisions in the "Uniform Probate Code" in 1969. The "Uniform Illegitimacy Act" was withdrawn by the Conference and none of the other Acts were widely adopted. As of June 1973, the Blood Tests to Determine Paternity Act had been enacted in nine states, the "Uniform Paternity Act" in four, and the "Uniform Probate Code" in five.

The most important uniform act addressing the status of the nonmarital child was the Uniform Parentage Act approved in 1973 [hereinafter referred to as UPA (1973)]. As of December, 2000, UPA (1973) was in effect in 19 states stretching from Delaware to California; in addition, many other states have enacted significant portions of it. Among the many notable features of this landmark Act was the declaration that all children should be treated equally without regard to marital status of the parents. In addition, the Act established a set of rules for presumptions of parentage, shunned the term "illegitimate," and chose instead to employ the term "child with no presumed father."

UPA (1973) had its genesis in a law review article, Harry D. Krause, A Proposed Uniform Act on Legitimacy, 44 Tex. L. Rev. 829 (1966); see also Krause, Equal Protection for the Illegitimate, 65 Mich. L. Rev. 477 (1967). Professor Krause followed with a pathfinding book, Illegitimacy: Law and Social Policy (1971), and then went on to serve as the reporter for UPA (1973). When work on the Act began, the notion of substantive legal equality of children regardless of the marital status of their parents seemed revolutionary. Even though the Conference had put itself on record in favor of equal rights of support and inheritance in the Paternity Act and the Probate Code, the law of many states continued to differentiate very significantly in the legal treatment of marital and nonmarital children. A series of United States Supreme Court decisions invalidating state inheritance, custody, and tort laws that disadvantaged out-of-wedlock children provided both the impetus and a receptive climate for the Conference to promulgate UPA (1973).

Case law has not always reached consistent results in construing UPA (1973). Moreover, widely differing treatment on subjects not dealt with by the Act has been common. For example, California courts have held that a nonmarital father does not