Also known as:de facto parenthood · de facto parent · psychological parent
Written by attorneys · grounded in primary & secondary sources — see below
A legal status recognizing a nonbiological and nonadoptive individual as a parent of a child when that individual has formed a parental relationship through sustained co-residence, consistent caretaking, assumption of full parental responsibilities without expectation of compensation, public holding out of the child as one's own, establishment of a bonded and dependent relationship, fostering of that relationship by a legal parent, and a determination that continuation serves the child's best interests.
Sources & Authorities· 8 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Casebooks
How it applies
Common Examples
4
Probate Recognition of Caregiver Bond
Margaret housed her deceased son's child Jared, enrolled him in private sports academies, and managed his junior contracts for several years after the biological mother's surrogacy arrangement ended. Upon Mark's death, Margaret petitioned the probate court for appointment as personal representative and sought a determination that she stood in a parent-child relationship with Jared. The court applied the statutory rule establishing a parent-child relationship with a de facto parent and recognized Margaret's status for purposes of heirship and estate administration.
Standing to Initiate Parentage Action
Ethan raised his ex-girlfriend Mia's daughter from birth, appeared as a parent on school and daycare records, and filed a verified petition asserting de facto parent status after the relationship ended. Mia moved to dismiss the petition on the ground that Ethan lacked standing because he was not a biological parent. The court denied the motion because Ethan was alive at commencement and claimed de facto parent status, satisfying the threshold requirements to begin the proceeding.
Functional Parent in Same-Sex Relationship
Bani Chatterjee and Taya King lived together in a committed domestic relationship when King adopted a child from Russia with Chatterjee's financial and emotional support. Chatterjee co-parented the child for several years until the relationship dissolved. Chatterjee petitioned for recognition as a de facto parent entitled to custody and visitation rights.
Elisa B. v. Superior Court117 P.3d 660 (Cal. 2005)
Temporary Foster Care Relationship Limits
Foster parents provided daily care to a child placed in their home under a state contract that reserved the agency's discretion to remove the child at any time and return the child to the natural family. The foster parents sought constitutional protection for their relationship when removal was threatened. The Court held that the temporary nature of the foster arrangement and the state's retained authority prevented recognition of a protected de facto parent status.
Smith v. Organization of Foster Families For Equality and Reform (OFFER)431 U.S. 816, 862-863
Common questions
Frequently Asked
4
What must a claimant prove to be adjudicated a de facto parent under the Uniform Parentage Act?+
The claimant must demonstrate by clear and convincing evidence seven statutory elements, including residence with the child as a regular household member for a significant period, consistent caretaking, assumption of full parental responsibilities without expectation of compensation, holding the child out as one's own, a bonded and dependent parental relationship fostered by a legal parent, and that continuation of the relationship serves the child's best interests.
Supporting sources
Does filing a verified pleading alleging de facto parent status automatically confer standing?+
Yes. An individual who is alive when the proceeding commences and who claims to be a de facto parent satisfies the statutory standing requirements to initiate the action. Questions about whether the claimant ultimately meets the substantive elements are addressed at the adjudication stage rather than at the threshold standing inquiry.
Supporting sources
How does de facto parent status affect intestate succession under the Uniform Probate Code?+
A parent-child relationship exists between an individual and the individual's de facto parent. Recognition of de facto parent status therefore permits the child to inherit from the de facto parent by intestate succession and allows the de facto parent to serve in fiduciary roles such as personal representative.
Supporting sources
When must a de facto parent claim be commenced?+
The proceeding must be commenced before the child attains eighteen years of age and while the child is alive. The claimant must also file an initial verified pleading alleging specific facts supporting the claim, which is then served on all parents and legal guardians.
Supporting sources
/maternity and for custody and visitation.’ ” ( Ibid. ) The Court of Appeal summarily dismissed the plaintiff’s reliance upon the UPA, stating “it has no application where, as here, it is…
of Child, and as such, was entitled to relief. In response to Chatterjee's Petition, King filed a motion to dismiss pursuant to Rule 1-012(B) NMRA. In the motion to dismiss, King neither…
Family LawRights of unmarried cohabitants · Unmarried parents and their children: illegitimacyUBEFoundational