Can a man other than husband challenge paternity?

Asked about 1 year ago - Portland, OR

We had our child out of wedlock because she came early (2 weeks before our wedding), dad signed voluntary acknowledgement day of birth, and we married on our original wedding date. Fast forward a few months, a guy I strongly befriended last year swears he is dad. If there is a possibility it would have been from him waiting until I was intoxicated to take a shot. That chance petrifies me. My question is can he file a petition even though law says he can't? It says if the parents marry after the birth and have signed VOP and are married and cohabiting then no one may challenge. Are there loopholes to this rule?

Additional information

To be clear, We signed the VOP then got married, he did not sign the VOP after we were married.

Attorney answers (3)

  1. Diane L Gruber

    Pro

    Contributor Level 18

    Answered . Time for you and your husband to consult with a paternity law attorney. I suggest Larry Gorin, whose office is in Beaverton. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  2. Troy Austin Pickard

    Contributor Level 17

    Answered . If this "guy you strongly befriended" really is the father, he still has a chance to argue that in court. The fact that your husband signed an acknowledgement isn't an absolute bar to the real father (or someone claiming to be the real father) going to court.

    Wouldn't that be awful? If true fathers could always be frozen out of court forever as long as some other guy marries the woman and signs an acknowledgement of paternity?

    Portland Defender
    1001 Southwest 5th Avenue #1100
    Portland, OR 97204
    (503) 592-0606

  3. Sreenivasarao Vepachedu

    Contributor Level 14

    1

    Lawyer agrees

    Answered . A valid acknowledgment of paternity is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent. An interested third party may bring an action to declare the existence or nonexistence of the father and child relationship. In Oregon, a filiation suit constitutes a collateral attack on an earlier finding of paternity if the suit alleges that someone other than the legal father is the child’s biological father. Consult with a competent Oregon attorney.

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an... more

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