Can my husband be the legal father of a child that is not his? 18 Answers as of July 03, 2013Me and my husband had a partner swap. I ended up pregnant and am unsure of who the father is of this child? Do I have to have a paternity test or can my husband of 7 years be the legal father to this child? My husband knows and does not care who is the biological dad?
Reeves Law Firm, P.C. | Roy L. Reeves
If I understand your question, there is a legal presumption that a man who is married at the time of conception is the child's father. There is another presumption that a man named on a birth certificate is the father. So you are covered under two legal presumptions. A DNA test would confirm the matter and put all doubt to rest, but it is not required. The risk you run, if no DNA is done is that the other man, if for any reason he ever decides he is the father and wants some visitation, may seek a DNA test in the future, this could be very embarrassing if the child is old enough to hear and discover the facts leading to the request. Also, if you and your husband ever divorce, he can ask for DNA at that time, which again, may be embarrassing if the child is old enough to piece together the puzzle.
Answer Applies to: Texas
Law Office of Michael W. Bugni | Jay W. Neff
The law in the State of Washington is that if a child is born during the marriage, then, the husband is presumed to be the father of the child. Therefore, unless someone challenges and disproves that presumption, then, the husband is the father of the child.
Answer Applies to: Washington
Law Office of Lenore Tsakanikas, PLLC | Lenore Tsakanikas
In Arizona, if you conceive a child while you are married, there is a presumption that husband is the father of the unborn child. It can be rebutted by paternity test showing someone else is the father. You would likely be required to cooperate with a paternity test if the other man tries to establish that he is the father.
Answer Applies to: Arizona
Marca Tanner Attorney at Law | Marca Tanner
Under Utah law, when a married woman gives birth to a child, her husband is legally presumed to be the child's father. If your husband is not contesting paternity, just put his name on the birth certificate. As the law stands today, the biological father will be completely barred from attempting to assert parental rights.
Answer Applies to: Utah
John E. Kirchner, Attorney at Law | John Kirchner
In Colorado, and most states, if the child was born during your marriage, your husband is presumed to be the child's legal father until facts are presented to support a court ruling otherwise. Unless and until someone else shows facts to overcome that presumption, your husband is and will remain the child's "legal" father.
Answer Applies to: Colorado
Petit & Dommershausen SC | Tajara Dommershausen
If you are married, it is presumed that your husband is the father of the child so he is legally the father unless someone else makes a claim and proves he is dad. Even if the other guy would file paternity, the court must decide it is in the child's best interest to have someone else even tested.
Answer Applies to: Wisconsin
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You will want to sit down with a family law attorney and get some advice. I can not answer this one without a bit of investigating. I assume from your question that you are not headed toward a divorce. You are just looking to see what everyone's legal rights are concerning this child.
Answer Applies to: New Jersey
Law Office of James Lentz | James Lentz
Any child born of a marriage is presumed to be a child of that marriage. The presumption may be rebutted by clear and convincing evidence. The potential for this situation blowing up later with your husband or the other man is huge. You need to seek out a domestic relations attorney now.
Answer Applies to: Ohio