Can my fiance claim paternity? 14 Answers as of June 02, 2011I am about to start a divorce with my husband, from whom I've been separated for several years. I have a 5 year old son who was born almost 2 years before I married, and for whom there is no father listed on the birth certificate, and no paternity established. He is most likely not my soon-to-be ex-husband's child. However, it is likely that my current fiance, who I will be marrying as soon as the divorce is finalized, IS my son's father. Is it possible for my fiance to be named on my son's birth certificate and acknowledge paternity? He loves my son as his own, has been acting as Daddy for over 2 years now, and wants it to be legal. We don't want to deal with paternity testing, or involve my ex, who is very mentally unstable and abusive and entirely uninterested in my son.
John E. Kirchner, Attorney at Law | John Kirchner
You have a dual problem. First, you need to be certain that your divorce paperwork clearly confirms that your husband is not the childs father. Since the child was born two years before your marriage, there is no presumption of paternity benefiting your husband and the divorce decree can specifically state that there were no children born of the marriage. If you believe your fiance is the biological father, you should obtain DNA paternity testing to confirm that and, then, if he is, you can get the birth certificate changed to confirm that fact. If you then marry him, there will be no need to establish any specific parenting rights or plans in connection with determining the paternity. If he turns out not to be the biological father, once you have been married to your fiancee for one year, he may petition for a step-parent adoption based upon either abandonment or nonsupport by the biological father or the biological fathers consent. However, to accomplish that without written consent of the biological father, it will first be necessary to try to identify the biological father and provide him with notice of the proposed adoption.
Answer Applies to: Colorado
Michael Rose Attorney at Law | Michael Rose
A mother can list anyone on the birth certificate. Do the paternity to establish that he is the father. We have couples that come in to establish that the bio father IS the father. They just want it legal so the father has all the rights that the mother has. Fiance can claim paternity as long as he is the bio father. If this is confusing to you, make an appointment.
Answer Applies to: California
Komanapalli Massey LLP | Mark A. Massey, Esq.
He may file a petition in the Family Law Court to"establish paternity." If you support his petition and tell the court that he is indeed your son's father, that coupled with the fact that your fiance has held your son out as being his child and has also taken your son into his home to reside for even a brief period will qualify and entitled him to not only a finding of paternity, but that he is the boy's "presumed father." Status as a presumed father provides a father with rights equivalent in every way to a child's mother. It is the highest form of paternity. If you would like for us to get this task done on your fiance's and your behalf,moreover on your son's behalf, we would be more than happy to assist.You need only reside somewhere in Southern California and retain us to do so.
Answer Applies to: California
Howard W. Collins, Attorney at Law | Howard W. Collins
Assuming Oregon law: Paternity can be established in three ways: Voluntary signing an affidavit of paternity by birth mother and birth father; DNA (saliva swab); Judicial decree; DHS has a website that has the voluntary affidavit, which is clearly the easiest way to establish paternity. Good luck.
Answer Applies to: Oregon
Berner Law Group, PLLC | Jack Berner
Sounds messy, because you're dealing with phrases like presumed father and alleged father. If you reside in Western Washington, feel free to contact my office for a free, no obligation consultation-by phone or in person-about your case. We are experienced, aggressive (when necessary) and affordable.
Answer Applies to: Washington