The Relationship of Biology to Legal Fatherhood: Two New Cases Show Courts Struggling to Find a Coherent Approach, As Non-Biological Fathers Fight for Their Rights to Children

The Relationship of Biology to Legal Fatherhood: Two New Cases Show Courts Struggling to Find a Coherent Approach, As Non-Biological Fathers Fight for Their Rights to Children
Decided the same week as the Kentucky Court Appeals case of Hinshaw v. Hinsaw was a Tennessee decision, In Re: T.K.Y., which held for the bio-dad rather than the husband. Joanna Grossman, professor of law at Hofstra University digests both cases and points out a big factual difference: the bio-dad in Tennessee wanted to be named the legal father, while in Hinshaw the alleged bio-dad never stepped up to the plate. The Hinshaw case is not final; a motion for discretionary review by the Kentucky Supreme Court is pending.

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