§ 46b-475 — Adjudicating competing claims of parentage.

Connecticut § 46b-475

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 818: Connecticut Parentage Act and Parentage-Related Provisions

Text

(a) Except as provided in public act 21-15*, in a proceeding to adjudicate competing claims of parentage of a child by two or more persons, the court shall adjudicate parentage in the best interest of the child, based on: (1) The age of the child; (2) The length of time during which each person assumed the role of parent of the child; (3) The nature of the relationship between the child and each person; (4) The harm to the child if the relationship between the child and each person is not recognized; (5) The basis for each person's claim to parentage of the child; (6) Other equitable factors arising from the disruption of the relationship between the child and each person, or the likelihood of other harm to the child; and (7) Any other factor the court deems relevant to the child's best interests. (b) If a person challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (a) of this section, the court shall consider: (1) The facts surrounding the discovery that the person might not be a genetic parent of the child; and (2) The length of time between the time that the person was placed on notice that the person might not be a genetic parent and the commencement of the proceeding. (c) The court may adjudicate a child to have more than two parents under sections 46b-450 to 46b-553 , inclusive, if the court finds that failure to recognize more than two parents would be detrimental to the child. A finding of detriment to the child shall not require a finding of unfitness of any parent or person seeking an adjudication of parentage. In determining detriment to the child, the court shall consider all relevant factors, including the harm if the child is removed from a stable placement with a person who has fulfilled the child's physical needs and psychological needs for care and affection and has assumed the role for a substantial period. (d) If a court has adjudicated a child to have more than two parents under sections 46b-450 to 46b-553 , inclusive, the law of this state other than public act 21-15* applies to determinations of legal and physical custody of, or visitation with, such child, and to obligations to support such child. The child support guidelines established pursuant to section 46b-215 shall not apply until such guidelines have been revised to address the circumstances when a child has more than two parents, and until such revision is effective, a court of competent jurisdiction shall consider the child support guidelines and the criteria for such awards established in sections 17b-179 , 17b-745 , 46b-84 , 46b-86 , 46b-130 , 46b-215 , 46b-569 and 46b-570 in making or modifying orders of support of the child. *Note: Public act 21-15 is entitled “An Act Concerning Adoption and Implementation of the Connecticut Parentage Act”. (See Reference Table captioned “Public Acts of 2021” in Volume 16 which lists the sections amended, created or repealed by the act.)

Legislative History

(P.A. 21-15, S. 23.) History: P.A. 21-15 effective January 1, 2022.