Can my husband be the legal father of a child that is not his? 18 Answers as of July 03, 2013

Me 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?

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Reza Athari & Associates, PLLC | Seth L. Reszko
Yes. Your husband can acknowledge paternity and if required undergo DNA/paternity testing. If you know that your husband is not the father, he can still adopt the child.
Answer Applies to: Nevada
Replied: 12/14/2011
Reeves Law Firm, P.C.
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
Replied: 12/1/2011
Law Office of Michael W. Bugni
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
Replied: 11/30/2011
Law Office of Lenore Tsakanikas, PLLC
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
Replied: 11/30/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
The law presumes that a child born during a marriage is the product of that marriage.
Answer Applies to: Michigan
Replied: 7/3/2013
    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
    Replied: 11/30/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In Georgia, unless a court rules otherwise, he's the legal father.
    Answer Applies to: Georgia
    Replied: 11/30/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 11/29/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Because you are married, the presumption of law is the child is your husband's regardless of how you became pregnant.
    Answer Applies to: Alabama
    Replied: 11/29/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Your husband can be the legal father.
    Answer Applies to: Oregon
    Replied: 7/3/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Your spouse is presumed the legal father. that, however, would not prevent a biological father from coming forward and asserting his rights as part of a paternity action.
    Answer Applies to: Minnesota
    Replied: 11/29/2011
    Petit & Dommershausen SC
    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
    Replied: 11/29/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Yes he can. If he signs the acknowledgment of paternity, you both stay married for more than 2 years after the birth, and no one ever challenges the paternity, he will be the legal father by presumption.
    Answer Applies to: California
    Replied: 11/29/2011
    The Davies Law Firm, P.A.
    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
    Replied: 11/29/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    It depends - what do you mean by "the legal father?" If the child was born while you were married the child is presumptively your husband's.
    Answer Applies to: New York
    Replied: 11/29/2011
    Law Office of James Lentz
    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
    Replied: 11/29/2011
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