The Uniform Parentage Act (UPA) enacted in many states removed the established difference in status between legitimate and illegitimate children, thus providing equal rights for all children despite the marital status of their parents. Birthfathers are categorized as "presumed" or "alleged." The presumed father falls under at least one of these categories: (1) He and the child's birthmother are or have been married to each other and the child was born during the marriage or within 300 days after its end. (2) He and the child's mother married before the child's birth although the marriage is invalid. (3) After the child's birth, he and the child's mother married. (4) He receives the child in his home and openly holds the child as his birth child. (5) He has filed a written acknowledgement of paternity which went unchallenged. A presumed father has the same rights as the birthmother. Without his consent adoption cannot take place without a termination of parental rights, although all Status allow termination of parental rights for abandonment and/or lack of support.
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