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How Functional Parent Doctrines Function: Findings from an Empirical Study
NeJaime, Douglas Joslin, Courtney G
NeJaime, Douglas
Joslin, Courtney G
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Abstract
Today, approximately two-thirds of US states have a functional parent doctrine-a doctrine that extends parental rights and/or parental responsibilities to a person based on the conduct of forming a parental relationship with the child and parenting the child, even in the absence of a biological, adoptive, or marital tie. These doctrines arise under a number of different labelsincluding de facto parentage, psychological parenthood, in loco parentis, and" holding out" parentage. They have been created by courts and codified by legislatures. Under some of these doctrines, a functional parent is a full legal parent; under others, the person receives only some parental rights and responsibilities. A growing number of jurisdictions now maintain more than one functional parent doctrine.