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Can a judge legally bastardize a child?

Salem, OR |
Filed under: Family law

Can a judge legally bastardize a child, based on the biological father claiming he's not the father, without ordering a DNA test?

Attorney Answers 3


"Bastardizing" isn't a thing, so I'm not quite sure what you mean.

If a child is born to a married woman, there is a legal presumption that her husband is the child's father. That presumption can be rebutted. It doesn't necessarily require DNA testing - for example, if there's evidence that the spouses hadn't seen each other in years, that might be enough.

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We no longer make moral judgments and the word bastard isn't really used anymore. Finding out who the father is can involve applying the law and sometimes DNA tests. See an attorney so you can discuss the facts of the case completely and the attorney can then discuss the law with you as it applies to this situation.

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Sorry, but more information is needed to understand just what you are asking.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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