The New Uniform Parentage Act (2017) and Inheritance Law

Courtney G. Joslin, Nurturing Parenthood Through the UPA (2017), 127 Yale L. J. F. 589 (2018). Paula Monopoli Parentage is central to our status-based system of inheritance. Over the past twenty years, we’ve seen tremendous changes in how courts and legislatures approach the question of just who is a parent. We generally use the same legal definition of parentage for both family law and inheritance law, a definition derived in many states from the Uniform Parentage Act (UPA). Thus, Professor Courtney Joslin’s new article, Nurturing Parenthood Through the UPA (2017), is particularly salient for trusts and estates scholars. In Obergefell v. Hodges, the United States Supreme Court held that states must allow same-sex couples to marry.1 But that decision didn’t address the myriad corollary questions that arose from marriage equality. These included questions like whether the marital presumption of parentage granted to “husbands” also applied to…

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