Should a man be able to sue his wife if he finds out his child is not really his?

Question

If a woman has a baby that is switched at birth, and finds out years later, she has the right to sue hospital.
You have the right to a dna at the time of birth but every guy knows that if he said he wanted one he would be in in hot water.
So if a woman has an affair and gets pregnant, and the husband does not know and fathers the child as his own then years down the road discovers the truth, should he be able to sue? I know a woman has the right to choose, but that does not mean she has the right to choose a childs father after it is concieved.

This is just a hypethetical question. The reason i am asking is for feedback, there are many states that once you sighn the birth certificate you a finacialy bound to that child untill it is 18, there are three states that allow mother to collect child support from more than one man

Does the child not deserve to know who's blood runs in there body?

Answer 1

Hell yes!

Answer 2

Not only does the woman have the right to sue a hospital, but she has the right to sue a man for child support. I think it's only fair that a man has the right to sue if he is not the biological father. It should be seen as larceny or fraud or, even, false imprisonment. Because if you are listed on the birth certificate you are inprisoned to that child for, at least, 18 years.

Answer 3

No he shouldn't sue. That child would be really hurt the most in the long run. Why can't people stop being so selfish and take care of the children's needs and emotional support and spiritual support first. It's selfish to just think of the adult all the time. Once that child is here they need stability if they're going to grow up and be leaders in the world in the future.

Answer 4

Well if the man truly has a hand in raising the child then he will love that child no matter whose DNA is in them. Suing her won't change that. If one indiscretion 18 years ago is the only thing that's wrong in the marriage then divorce seams an over-reaction doesn't it?

You are able to sue for anything you want to in this country, the question is, do you really want the consequences of that action. I'd say couple's counseling is a better first step.

Answer 5

I don't think so. If they get divorced he may not have to pay child support, But, as for suing the mother, most States say if the child was born in your playpen, it's yours until you prove otherwise, but I've not heard of a suit like this winning,

I would think that if you have fathered the child for years, he/she will go through enough trauma, with an ugly suit. Both you and your wife should put the child's feelings ahead of your own.

Get over your bitterness and get on with your life.

Answer 6

Sue her for what? Money? You helped raise this child for years. Are you just going to throw that relationship with the child down the toilet? I work for Social Services and I know that if you were married to the mother when the child was born, you are legally the father and you can be sued for child support. So think it through carefully before you fly off the handle. Think of yourself as the adoptive father and raise him/her to be the best person they can be. You wouldn't love your own child any more than you do this one. (P.S. It's not the child's fault.)

Answer 7

sue for return of child support?

If they're living together, I don't think so. If he's actually paying her a set amount (they are separated), and then someone else is proven the father, I think, legally, if he wants to contest the support, he needs to get the dna test. If he chooses to accept the responsibility (and doesn't contest it), I don't think he can ask for the money back later.

And if he's NOT paying child support, if the wife and the child are living in his house - how would one determine the "child support" amount anyway?

Ethically, he should be able to sue if she has decieved him. Legally, I think he's out of luck.

Answer 8

So you sue the wife, what about the child? Does this child refer to you as daddy? Are you comfortable with "sorry kid, mom screwed around, your not my kid, I'm outta here". How long have you had this information? The judge may not agree with your wanting to sue or walk without support for the child. The judge is going to care about the child's welfare above your hurt pride or wife's embarrassment. I would talk to a lawyer to find out what your rights are.

Answer 9

Under what heading would you sue her though? For fraud? I don't know if it's possible to sue ... I suppose you could always try and get the 10 years support you paid for the upkeep of the child ... but if you've known the child for 10 years and considered him/her yours .... would you really want to inflict this on the child?

Answer 10

He can sue her for a divorce. Then he could possibly sue the father for child support. You can't sue your wife for child support because she's doing her share of supporting the child.

Answer 11

Some states still have adultery laws where if you can prove the adultery (dna test), emotional and financial damages, you can get something. That something can be more of a peice of the pie in a divorce settlement or perhaps something else in a jurisdiction that I am unfamiliar with.