A corresponding amendment to UPC § 2-114 was not made until the major revision of 1990 (as further revised in 1993). By that time, it had been recognized as illogical and unjust to impose discriminatory burdens on children born out-of-wedlock who were seeking paternal inheritance. It also had been ruled unconstitutional by application of the intermediate scrutiny test formulated under the 14th Amendment. Reed v. Campbell, 476 U.S. 852 (1986) Moreover, by 1990 the preponderance of the evidence standard had been widely applied to determinations of paternity and probate proceedings. Against this background, UPC (1993) abandoned the clear and convincing evidence standard for determining paternal relationships.

§1922.__Standing to maintain proceeding

Subject to subchapter 3 and sections 1927 and 1929, a proceeding to adjudicate parentage may be maintained by:

1.__Child.__The child;

2.__Mother.__The mother of the child;

3.__Person whose parentage to be adjudicated.__A person whose parentage of the child is to be adjudicated;

4.__Support enforcement agency.__The support enforcement agency or other governmental agency authorized by other law;

5.__Agency.__An authorized adoption agency or licensed child- placing agency;

6.__Representative of individual.__A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated or a minor; or

7.__Intended parent.__An intended parent under subchapter 7 or 8.

Comment

(This is section 602 of the UPA.)

Source: UPA (1973) § 6.