PARENT

parent. 1. The lawful father or mother of someone. • In ordinary usage, the term denotes more than responsibility for conception and birth. The term commonly includes (1) either the natural father or the natural mother of a child, (2) the adoptive father or adoptive mother of a child, (3) a child’s putative blood parent who has expressly acknowledged paternity, and (4) an individual or agency whose status as guardian has been established by judicial decree. In law, parental status based on any criterion may be terminated by judicial decree. In other words, a person ceases to be a legal parent if that person’s status as a parent has been terminated in a legal proceeding. — Also termed legal parent. [Cases: Parent and Child  1.C.J.S. Parent and Child §§ 1–12, 201.] absent parent.See noncustodial parent.

adoptive parent.A parent by virtue of legal adoption. See ADOPTION. [Cases: Adoption  4. C.J.S. Adoption of Persons §§ 13–17, 23–24.]

biological parent.The woman who provides the egg or the man who provides the sperm to form the zygote that grows into an embryo. — Also termed genetic parent.

birth parent. Either the biological father or the mother who gives birth to a child. — Sometimes written birthparent.

constructive parent.See equitable parent.

custodial parent.The parent awarded physical custody of a child in a divorce. See PHYSICAL CUSTODY(2). Cf. noncustodial parent.

de facto parent. An adult who (1) is not the child’s legal parent, (2) has, with consent of the child’s legal parent, resided with the child for a significant period, and (3) has routinely performed a share of the caretaking functions at least as great as that of the parent who has been the child’s primary caregiver without any expectation of compensation for this care. • Because the status of de facto parent is subordinate to that of legal parent, a person who expects to be afforded the status of parent should, if possible, adopt the child. The primary function of this conceptual status is to provide courts with a means for maintaining a relationship between a child and an adult who has functioned as a parent when that adult is prohibited from legally adopting the child. The status is usu. limited to a person who has assumed the role of parent with the knowledge and consent, either express or implied, of the legal parent. But it may also arise when there is a total failure or inability of the legal parent to perform parental duties. Cf. equitable parent; psychological parent.

Disneyland parent.A noncustodial parent who indulges his or her child with gifts and good times during visitation and leaves most or all disciplinary responsibilities to the other parent; esp., a noncustodial parent who provides luxuries that the custodial parent cannot afford but performs no disciplinary duties, in an effort to gain or retain the child’s affection. See LOLLIPOP SYNDROME.

domiciliary parent.A parent with whom a child lives.

dual-residential parent.A parent who shares primary residential responsibility for a child with the other parent when each provides a residence that is substantially a primary residence. • In many jurisdictions, dual residence is referred to as joint physical custody. See RESIDENTIAL RESPONSIBILITY; CUSTODY(2). Cf. residential parent.

equitable parent. 1. A husband who, though not the biological father, is treated by the court as the father in an action for custody or visitation, usu. when the husband (1) has treated the child as his own while married to the child’s mother, (2) is the only father the child has ever known, and (3) seeks the rights of fatherhood. 2. A mother or father, not by blood or adoption, but by virtue of the close parent-like relationship that exists between that person and a child. • The status of equitable parent is a legal fiction that is used as an equitable remedy. Most commonly, the status of equitable parent arises when a person, living with the child and one of his or her legal or natural parents, forms a close bond with the child and assumes the duties and responsibilities of a parent. — Also termed constructive parent. See adoption by estoppel under ADOPTION. Cf. psychological parent; de facto parent.

foster parent.An adult who, though without blood ties or legal ties, cares for and rears a child, esp. an orphaned or neglected child who might otherwise be deprived of nurture, usu. under the auspices and direction of an agency and for some compensation or benefit. • Foster parents sometimes give care and support temporarily until a child is legally adopted by others. See FOSTER CARE. Cf. foster child under CHILD. [Cases: Infants  226. C.J.S. Adoption of Persons §§ 10–12.] genetic parent.See biological parent. godparent. See GODPARENT.

intended parent. See intentional parent.

intentional parent.The person whose idea it is to have and raise a child and who (1) enters into a surrogacy contract with a surrogate mother, and (2) is the legal parent of the child regardless of any genetic link to the child. — Also termed intended parent. See intended child under CHILD. noncustodial parent.In the child-custody laws of some states, a parent without the primary custody rights of a child; esp., the parent not awarded physical custody of a child in a divorce. • The noncustodial parent is typically awarded visitation with the child. — Also termed nonresidential parent; possessory conservator; absent parent. See PHYSICAL CUSTODY(2). Cf. custodial parent. [Cases: Child Custody  175–231.] nonresidential parent.See noncustodial parent.

parent by estoppel.A man who, though not a child’s legal father, is estopped from denying liability for child support. • This estoppel usu. arises when the man (1) has lived with the child for at least two years, (2) has believed in good faith that he was the child’s father, (3) has accepted parental responsibilities, and (4) has entered into a coparenting agreement with the child’s mother — and when the court finds that recognition of the status of parent is in the child’s best interests. See ESTOPPEL.

primary domiciliary parent.In a joint-custody arrangement, the parent who exercises primary

physical custody. See joint custody under CUSTODY(2).

psychological parent.A person who, on a continuing and regular basis, provides for a child’s emotional and physical needs. • The psychological parent may be the biological parent, a foster parent, a guardian, a common-law parent, or some other person unrelated to the child.

residential parent.A parent who has primary residential responsibility for a child and who is not a dual-residential parent. See RESIDENTIAL RESPONSIBILITY. Cf. dual-residential parent.

stepparent. The spouse of one’s mother or father by a later marriage. [Cases: Parent and Child 15. C.J.S. Parent and Child §§ 345–350, 357–358.]

surrogate parent. 1. A person who carries out the role of a parent by court appointment or the voluntary assumption of parental responsibilities. [Cases: Parent and Child  15. C.J.S. Parent and Child §§ 345–350, 357–358.] 2. See surrogate mother (2) under MOTHER.

2. See parent corporation under CORPORATION.

[Blacks Law 8th]