Missouri Uniform Parentage Act Analyzed

The Missouri Uniform Parentage Act (MUPA) establishes legal guidelines for determining who a child’s parents are. In many cases, of course, there is no debate over the parentage of a child. But there are other situations, such as where there are questions of paternity, in which the Missouri Uniform Parentage Act statute is essential for establishing parental rights and responsibilities.

In the past few decades, as assisted reproductive technology has become more common, and same-sex marriage has become legal in all 50 states, MUPA has also been called upon to resolve issues of parentage between same-sex spouses or partners. For this reason, we refer to “Missouri parentage laws” rather than simply “Missouri paternity laws.”

Missouri Uniform Parentage Act Basics

Parentage matters because the identity of a child’s parents affects issues like child support, child custody, access to certain government benefits, inheritance, and the ability to make important decisions for a child. In short, parentage affects the rights of both children and parents. Here are some fundamental components of MUPA.

Marital Presumption

The Missouri Uniform Parentage Act presumes that if a man is married to a child’s mother when she gives birth, or a short time before, he is the child’s legal father. However, the law also allows for that presumption to be rebutted if either party presents evidence to the contrary.

Voluntary Acknowledgment of Paternity

Parents who are not married and who do not benefit from the presumption of paternity described above can establish the child’s biological father as their legal father by signing and filing a Voluntary Acknowledgment of Paternity form.

Resolution of Paternity Disputes

MUPA also provides for the use of DNA testing to establish a biological relationship between a purported father and a child. DNA testing may be ordered when a court is adjudicating a dispute over parentage of a child.

The language of the statute defines “parent” as either a natural or adoptive parent. What happens in a situation in which a purported parent is neither a biological parent, nor an adoptive parent, but seeks parental rights under MUPA? A Missouri court recently addressed this situation involving a same-sex couple in the case In Re the Matter of: A.I.A.K. & E.H.K. by S.A.K. as Next Friend and S.A.K. Individually vs. T.M.K., M.L.K., R.J.R.

What is a “Natural Parent?”

In the 2024 Missouri Court of Appeals case referenced above, two women, SAK and TMK were married at the time their children, (AIAK and EHK) were born. SAK, the appellant in the case, had been artificially inseminated with the sperm of MLK (AIAK’s biological father), and later with the sperm of RJR (EHK’s biological father). Before each conception, SAK and TMK and each sperm donor agreed in writing that the man would not have any parental rights or responsibilities regarding a child conceived using their sperm.

SAK and TMK were both named as parents on the children’s birth certificates and held themselves out as the children’s parents. When the couple separated, SAK sought a court determination that TMK was not a “natural parent,” since she had no genetic relationship to the children. The trial court disagreed, citing the marital presumption, along with evidence that SAK and TMK had intended to act as parents together. The trial court further emphasized the importance of stability for the children, since they had known both SAK and TMK as their parents since birth.

SAK appealed the trial court’s ruling. The Court of Appeals upheld the trial court’s findings, saying that the trial court had properly applied the law. The Court of Appeals found that despite the lack of a biological connection between TMK and the children, and the lack of a legal adoption, the evidence in the case supported a finding that TMK was the children’s “natural parent.”

Why is This Case Important?

In Re the Matter of: A.I.A.K. & E.H.K. is important for a couple of reasons. First, it underscores Missouri’s recognition of parental rights in same-sex marriages, including the application of the marital presumption of parentage.

The case also highlights how important evidence of the intent of the parties can be when it comes to establishing parentage. The court noted that while MUPA sets forth a procedure for generating and maintaining parentage records in artificial insemination, departing from that procedure does not necessarily negate parentage.

The court further pointed out that while a blood test is conclusive as to non-parentage, it is not conclusive as to parentage. Other evidence of parentage can be submitted to the court and, as it was in this case, it can be used to conclude that a person with no genetic connection to a child is still that child’s “natural parent.”

Contact an Experienced Missouri Parentage Attorney

Missouri parentage law can be complex; it is essential to have an attorney who can guide you through the legal process, protecting your rights. Family law attorney Mark A. Wortman provides knowledgeable counsel to clients in the greater Kansas City, Missouri area for parentage cases, family law issues, and divorce matters. If you have questions about the Uniform Parentage Act in Missouri or Missouri paternity laws, contact him today online or by calling (816) 523-6100 to schedule a confidential consultation.