I slept with another man during my separation from my husband. I became pregnant and the "father" is aware. Neither the "father" or myself want him to be involved. My husband and I decided to get back together and he wants to be the dad. Since we're married and he signs the birth certificate, will the bio father be responsible OR can he come after paternal rights? I want to keep this out of court as much as possible.
If your husband signs the birth certificate knowing that he is not in fact the father of the child, he is committing an act of fraud. If the biological father, your husband, and yourself are all in agreement on this, the thing to do is to perform an uncontested adoption, so your husband can adopt the child. This will terminate all of the biological father's legal rights and responsibilities to the child, and give them to your husband instead.
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I disagree with the other answer. Read ORS 109.070. You husband is rebuttably presumed to be the father. See (2) of this law. The other man has no legal standing to challenge this presumption. I was part of the State Bar committee that discussed this statute before passing it to the legislature for enactment into law. You likely are OK. Having said that, be careful what you post on a public forum. If you are still concerned, or if you want to discuss further, consult with an experienced lawyer. Get a name from this referral site.
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