§1843.__Consequences of establishment of parentage

Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this State.

Comment

(This is section 203 of the UPA.)

Source: USCACA (1988) § 10.

This section may seem to state the obvious, but both the statement and the qualifier are necessary because without this explanation a literal reading of §§ 201-203 could lead to erroneous statutory constructions. The basic purpose of the section is to make clear that a mother, as defined in § 201(a), is not a parent once her parental rights have been terminated. Similarly, a man whose paternity has been established by acknowledgment or by court adjudication may subsequently have his parental rights terminated.

The qualifier, "as otherwise provided by other law of this State," is necessary because other statutes may restrict rights of a parent. For example, UPC (1993) § 2-114(c) precludes a parent of a child (and the parent's family) from inheriting from the child by intestate succession "unless that natural parent has openly treated the child as his [or hers] and has not refused to support the child." Similarly, as discussed in the preceding Comment, UPC (1993) § 2-705(b) affects the right of a child to take under a class gift from a person who is not a parent of the child.

§1844.__Presumption of parentage

1.__Presumption established.__A person is presumed to be the parent of a child if:

A.__The person and the mother of the child are married to each other and the child is born during the marriage;

B.__The person and the mother of the child were married to each other and the child is born within 300 days after the