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Your task is to read the Eli Schad Analogy Exercise and complete the Eli Schad PATERNITY PROBLEM ANALOGIES in the attachment. You need to read

Your task is to read the Eli Schad Analogy Exercise and complete the Eli Schad PATERNITY PROBLEM ANALOGIES in the attachment.

You need to read the states' law, facts and two cases given, and try to make analogies and complete the Eli Schad PATERNITY PROBLEM ANALOGIES.

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ELI SCHAD PATERNITY PROBLEM ANALOGIES Issue: Case # 1 Case # 2 Eli Schad Case Should be the same Must a biological Same Same or sufficiently father file notice of analogous intent to claim paternity w/in 5 days of nonmarital child's birth in order to challenge child's adoption? Does the 5-day period apply? Dad's consent required? Factor #1: Financial (consider whether dad offered to or paid expenses) Factor #2: Factor #3: Factor #4: Holding/ResultCommon Law Reasoning Prof. Kathleen Dillon Narko Eli Schad Analogy Exercise State X requires an unwed biological father to file with the state a notice of intent to claim paternity within five days of his non-marital child's birth. If he does not do so, he has no enforceable parental rights to the child, so that, for example, his consent is not needed to place the child for adoption. Facts: Eli Schad never lived with the mother of his child and did not know of her pregnancy. He was notified of the child's birth the day after the birth and also learned then that the mother was considering placing the child for adoption. He visited the mother and child in the hospital and offered to pay expenses. The child was placed in a foster home, which Schad did not oppose. He filed notice of intent to claim paternity one week after the mother told him she was putting the child up for adoption, which was one month after the child's birth. The State Supreme Court has decided two relevant cases. Analogize and distinguish Schad's case to these cases. Case 1: The father lived with the mother during her pregnancy and knew of the child's birth. His name was placed on the child's birth certificate. They then lived together for 19 months, during which time he supported the mother and child, until she left his home with the child. The father remained in contact with the child and learned of the mother's plans to place the child up for adoption. He filed notice of intent to claim 2 paternity two days later, but 24 months after the child's birth. The court held that the statutory five-day requirement did not apply' and the father's notice was accepted. Case 2: The father was aware of the pregnancy and of the possibility that the mother might place the child for adoption although he did not live with the mother. He did not offer to pay any expenses of the pregnancy and birth. He was notified of the birth on the date of birth. The child went home from the hospital with the mother. He did not file notice of intent to claim paternity until nine days after the child's birth and did not see the child until these proceedings. The court held that the statutory five-day requirement applied and his consent to the child's adoption was not needed. More accurately the court held that the statute was unconstitutional as applied to the father

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