Can my husband be the legal father of a child that is not his? 16 Answers as of December 14, 2011

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.

Under Georgia law, the husband is presumed to be the legal father of every child his wife gives birth to. The only way for a husband to avoid paternity would be for the husband to file a paternity action, the wife to file a paternity action, or another male to file a legitimation action. Any of these actions would require a DNA test in order to determine who the true father is. Stated alternately, as long as neither you, your husband, or the other man makes any effort to verify the child's paternity, your husband will be the legal father.

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.

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.

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.

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.

In Georgia, unless a court rules otherwise, he's the legal father.

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.

There is a presumption of the law in Illinois which states that a child born during the marriage is presumed to be the product of that marriage. I suggest that you be more careful in the event of any future "partner swaps".

Because you are married, the presumption of law is the child is your husband's regardless of how you became pregnant.