2002년 미국 통일친자법 제정의 의미와 그 내용

• 영문명: The Meaning in the Enactment and the Contents of the Uniform Parentage Act 2002 in USA
• 발행기관: 한국가족법학회
• 저자명: 이화숙
• 간행물 정보: 『가족법연구』가족법연구 제17권 1호, 127~175쪽, 전체 49쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.09.01

영문 초록

The Uniform Parentage Act 2000 was approved by the National Conference of Commissioners on Uniform State Laws in 2000, and last amended or revised in 2002 in America. The reasons, which needs amendments of Uniform Parentage Act of 1973 are follows: firstly, the incredible scientific advances in parentage testing since 1973 warrant a thoroughgoing revision of the Act. Until recently, identifying a child's genetic mother was the person who gave birth to the child, and if the child was born to a married couple, fatherhood was presumed to be the mother's husband. Thus, the major focus of law was on establishing paternity for nonmarital children. But, scientific development made it possible that through assisted reproduction, the woman who gives birth may not be the child's genetic mother. Genetic testing can show to a virtual certainty that a husband is not the genetic father of his wife's child. These scientific advances have created the need for a more sophisticated view of both maternity and paternity.: secondly, as the nonmarital birth rate has soared, federal law in America has places increasing emphasis on the importance of the state's establishing paternity for children born to unmarried parents.: thirdly, the Act 1973 has many problems; for example, UPA(1973) is entirely silent regarding the relationship between a divorced and a determination of parentage. Case law has not always reached consistent results in construing UPA 1973. As a result, confusion appeared in case law. Thus, recognizing the need to help states develop a statutory framework to address the difficult public policy issues and meet the federal .1an

목차

I. 들어가는 말

II. 미국 통일법(Uniform Act)의 의미

III. Uniform Parentage Act 2000 (2002년개정: 이하 법2000)의 제정 필요성

IV. UPA 2000(개정 2002)의 제정경위와 특징

V. UPA 2000(2002)의 내용

VI. 맺음 말

참고 문헌과 논문(미국)

ABSTRACT

키워드

참고문헌