My daughter-law conceived a child with a man other than her husband, while on. a brief separation with her husband. But they have reconciled, never divorced. Her husband's name is on the birth certificate, does the biological father have any legal rights to said child ?
Family Law Attorney
No, not unless the parents are willing to acknowledge it. However, if the husband and wife listed the husband as the father on the child's birth certificate, knowing that the husband was not really the child's father, then they may have committed an act of fraud. Your daughter-in-law should consult with an attorney in private at once to deal with this possibility.
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Family Law Attorney
Yes, the biological father could file a paternity action to be declared the legal father of the child. If so, he could get custody OR visitation rights, and is likely to have to pay child support.
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Estate Planning Attorney
Possibly. There are some old archaic laws on the books that predate DNA testing that presume that a married woman's husband is the father of any child. There are exceptions, particularly when the parties were separated at the time of conception. There have also been cases that have gone to the US Supreme Court which basically hold that a biological parent has the constitutional
right to be involved with raising their child except when they can't properly do so. So there are various legal rules as well as the development of DNA testing that can now prove parentage. So the biological father could assert his rights but what will happen depends on the overall legal analysis of the facts. Also keep in mind that if the biological father does claim rights, he will be on the hook for child support, which is often a deterrent to would be parents from claiming their parental rights.
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