I got pregnant by another man, if my husband signs the birth certificate can the biological father claim rights to the child

Asked almost 6 years ago - Mercer, PA

i was recently seperated from my husband while seperated i became pregnant, my husband and i are back together now and he wants to keep the baby, can the other man claim rights to the baby if my husband signs the birth certificate because i am not sure if the other man is the father.

Attorney answers (1)

  1. Christopher Joseph Tamms

    Contributor Level 16

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    Answered . It depends entirely on the state you are in; however, I think the answer is likely yes. Because you were seperated from your husband, the presumption that a child born in wedlock is the child of the husband does not apply. Your husband can sign the birth certificate, however, if the other man files for paternity he can likely get a DNA test done based on the fact that you two had a relationship when you were seperated from your husband.

    Depending on what kind of a guy this is, he may agree to allow your husband to adopt his child (if the child is his) in exchange for not having to pay child support. You might want to consult a family law attorney licensed in your state on this one.

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