Father's rights?

Question

Disclaimer-this has nothing to do with me. Just a hypothetical situation.
Say you get pregnant by someone while you are married to a different man. Who is the legal father? The biological father, or the man the woman is married to.
I NEED REFERENCES. Trying to settle a debate with someone. Thanks!

Actually-this is going to sound ridiculous-it's got to do with something that is happening on a soap opera. I know, I have too much free time.

Okay so on this soap opera (yes lame I know) they were doing in-vitro, and someone switched everything, so the eggs got implanted with the wrong sperm. Everyone knows about it, and the fathers (who should have been fathers to the opposite children) both want rights.

Answer 1

The child would not have ANY legal father, unless the married man consents to having his name listed as "legal" father, as he is presumed the father. In all honesty, the person who "adopts" this child would be the legal father- even if it was the husband, who is not the PATERNAL birth parent. BUT the "other man" would need to give up rights to do this......
SO_ Legal father is the one who will claim the child. Hope this all makes sense!
This is one big "YIKES" question.....
Do you let sleeping dog's lie on this one???????

Answer 2

In most states the man you are married to is considered the legal father. If you are married and have a child he is legally responsible. I've known people that were separated and didn't get divorced, however, she had a child and he was considered the father under the law, he was REQUIRED to pay child support for a kid that wasn't biologically his! Just so you know the birth certificate said information not recorded under fathers name so it has nothing to do with signing a paper!

Answer 3

The husband is always the legal father unless he objects and asks for a DNA test. The other man has no rights unless he is willing to fight for them.

New York Paternity Actions Lawyer Robert G. Smith
Preserving Father’s Rights
Even though you and your child’s mother know that you are the father of your child, you are not the legal father unless you and the mother are married. The easiest way to become a legal father of your child is for you and the mother of your child to complete a voluntary Acknowledgment of Paternity. This form can be completed any time after your child is born, at a hospital, clinic, child support office, family court, or birth registrar’s office.

If the mother was married to someone else at any time during her pregnancy or at the time of birth, you must go to court to establish paternity.

Answer 4

certain, you've an particularly reliable element and it look that you position a large type of theory into this. I also imagine it truly is arbitrary that men get no say contained in the newborn's destiny...in spite of everything, it truly is his infant as a lot because that's the mummy's and at the same time as the youngster will boost in her, i don't believe of that promises her each of the rights to the newborn. besides the undeniable fact that, i'm uncertain of no matter if the daddy could ought to pay baby help if he needs to terminate and he or she would not...i am going to work out both area of the fence in this one...certain, he's as to blame because the mummy on the topic of theory, so he could ought to pay, yet no, because he needed a termination he shouldn't ought to. i am going to't confirm! also, on the topic of adoption...the guy does have a call there. besides the undeniable fact that, a number of the businesses are twisted and performance options of operating around the daddy if the mummy needs an adoption. she will be in a position to declare she would not recognize who the daddy is or she will be in a position to have someone from the employer write their call because the daddy, with a view to signal away his rights. i imagine it truly is amazingly incorrect and all businesses should be compelled to have the daddy's call on the start certificate and a paternity try as to whoever's call is on there. (Oh, and the guy CAN signal off his rights.) So, really in spite of everything, the guy is particularly a lot screwed. He has a danger contained with regards to adoption, besides the undeniable fact that the female receives to make the alternative to abort/no longer abort. i could really favor to her some men's reviews in the following, too...

Answer 5

A baby born to a married woman in the eyes of the law is fathered by the woman's husband. Want references? Check in your local library the Civil Code, under Family Law.

Accepting that the baby's father is other than her husband violates the Fifth Amendment. The one about self incrimination. There is no better proof of adultery than giving birth to a baby whose daddy is not hubby.

Bottom line, a child born under wedlock is the child of the married couple. If the biological father wants his right recognized under the law, he must file a petition to the courts, sue the married couple and prepare for a battle he is most likely to lose.

Hope that helps

Answer 6

Most states have a legal presumption the husband is the father of any child conceived during a marriage. This is a presumption and therefore can be contested by any interested party, ie, the husband if he does not want to pay child support, or the real father if he wants rights, and proven by a DNA test

Answer 7

Who ever signs the birth certificate is considered legal father
also because you are married then the one you are married to is automatically considered the legal father and in some cases the hospital does not even as the father to sign the birth certificated because you are married. So he is considered the legal father until paternity is established(DNA)

Answer 8

The man who got female preganent is biological father. Married husband has no responsibility to unborn child unless biological gives up his rights as father and husband signs papers taking responsibility as father of said child.

Answer 9

In CALIFORNIA the Husband is presumed to be the childs Father I don't know about any other states but I do know this about California which I think is so unfair to the non-biological Father.

Answer 10

Depends on the state. In Tennessee, if you are married and get pregnant, without a whole lot of red tape, your hubby's name is going to be slapped on the birth certificate. Why? Because TN says "he had access just as much as anyone else."