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Chapter: 1400 Technical Requirements Program: TCA 46 1. the natural or biological mother of the child, 2. the adoptive mother or father, 3. the natural or biological father of the child, or 4. the legal father.

Refer to passages 1420.0702 and 1420.0703 for definitions of natural biological fathers and legal fathers. 1420.0702 Definition of Biological Father (TCA) An individual is the biological father when he or the child’s mother alleges that he is the biological father, and the Department has made a non-judicial determination of paternity.

When the child has a legal father and the mother alleges that someone else is the biological father, the alleged biological father cannot be considered the child’s parent until paternity of the alleged biological father is legally established. In this situation, the alleged biological father’s presence in the home does not affect deprivation.

Note: Under these circumstances, even if the biological father cannot be considered the child’s parent for the purpose of establishing deprivation, the biological father can be considered a specified relative if the eligibility specialist makes a “non-judicial” determination of paternity. 1420.0703 Definition of a Legal Father (TCA) An individual is considered the legal father if:

1. he was married to the mother at the time of the child’s conception or birth, 2. he is the natural, biological father who marries the mother after the child’s birth and there was no legal father at the time of the marriage, 3. paternity has been legally established, 4. procedures to amend the child’s surname on the birth certificate have been conducted, or 5. the individual is the adoptive father. This legal relationship supersedes any subsequent allegation of paternity for a natural biological father. 1420.0704 When an Individual Becomes a Parent (TCA) An individual becomes a parent under the following circumstances:

1. ceremonial marriage, 2. common-law marriage, 3. being a biological parent, 4. establishing paternity, or 5. adoption. 1420.0705 Ceremonial Marriage (TCA) A ceremonial marriage is a wedding ceremony in which a marriage license is obtained. The ceremony must be performed by a religious official, judge, notary, or other individual authorized by law to perform weddings.

Individuals become parents if they marry under either of the following circumstances:

1. In cases in which prior individual marriages exist, a subsequent marriage is still considered binding until determined otherwise by a court of competent jurisdiction. If the legality of a marriage is questioned, the case should be cleared with the District Legal Counsel. 2. If the mother of a child born out of wedlock and the alleged father marry each other at any time after the child’s birth, they become the child’s parents. A couple considered to