My wife and I have been seperated for almost a year, but it's not a legal seperation. She is with another woman in louisiana, and gave birth recently, to a baby girl. The girl is not biologicaly mine, but the hospital said i had to be put down as the father, since we are still legally married. I don't want to contest it, but i need to know if i have any rights to that child, now and after we get a divorce. Also, does her girlfriend get to adopt the baby, if i don't consent? Please help me? I wanna know if i finally have a daughter, legally at least?
2006-12-12 20:17:20 · 8 answers · asked by lkydragon22 1 in Family & Relationships ➔ Marriage & Divorce
Plus the biological father doesn't want anything to do with her. Also, if her girlfriend was to raise hell about me being listed as father, could she contest it somehow?
2006-12-12 20:30:27 · update #1
Yes. I believe you have a daughter. every country and every state has different laws on this sort of thing, but I believe if you are going down as the child's father on the birth certificate then you have a daughter. If anyone wants to adopt her they have to get your permission first. You have full rights to the child.
Where I come from marriage during conception alone is proof enough for a man to be claim paternity of a child.
The possible exception is the true father of the child. If DNA tests can prove that someone else is the real father then that person can contest you. a court of law would decide.They would probably rule in your favour if you have had full interaction with the child during her formative years and would likely at most just allow the other person access as well.
It would be an interesting case for a late entry blood parent to go for full paternity rights. I don't know what precedences are out there.
2006-12-12 20:20:43 · answer #1 · answered by AJ... Australia 4 · 0⤊ 1⤋
It would be a big battle and I not sure you would win. First they can prove you are not the biological father.
Therefore giving you no rights.If they lived with you or you have spend any time with the child, then you would have a better chance. you would have to prove that the child and you have a bond. if not, i don't see this to work out the way you want. the girlfriend can adopt or try to with or without your consent. again you are not the biological father. It would just cost a whole lot and would only cause more anger and pain. and the child would be in the middle which isn't fair to her. you could hold off the divorce and built a bond, then you would have a better chance. just don't share your motives to your wife.
2006-12-12 21:51:41 · answer #2 · answered by livelovelaugh 4 · 0⤊ 0⤋
No one can put down your name for this baby, you are not the biological father, and apparently the real father is known, the mother is in a relationship with another WOMAN in another STATE, after a YEAR of seperation, what the hell is this!?! They can't do that, it's blatant false information! These are vital statistics are they not? I myself, can date back to 1749 from father to grandfather X6 and it would be devastating to find out it is all a crock of sh*t because someone falsified records! This is appalling, and it must be stopped, or no one can have faith that they came from anywhere! You are not this child's father, and whether the real father can't be bothered, or that the mother is a lesbian, is beside the point! Heritage is heritage, and seriously, what the hell else have we got except the mark we leave on this earth, in a path that is actually going in a definite direction?
I hate this question, it makes me question who I am, who any of us are, if such matters are thrown up into the air like so much social CRAP as REPUTATION!! No one gives a SH*T who you are, as long as your blood type matches that of the child who takes a place in your family tree!!! DAMMIT! Just when I thought I had at least my lineage to back me!
2006-12-12 22:00:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The hospital is wrong, since you are not the biological father, you are not required to have your name on the birth certificate.
You all can choose to have you listed as the father, but please be aware that you are signing yourself up to support this child financially until she is 18 or you get a DNA test to prove otherwise.
If you would like to be a part of this child's life with legal rights and all that, you need to contact a lawyer as soon as possible.
Good luck with this mess, I hope you are the sane one in this child's life. Sounds like she is going to need all the help and stability that she can get- dd
2006-12-12 23:13:04 · answer #4 · answered by dedum 6 · 0⤊ 0⤋
jeeeez you are desperate, your wife messed around on you and got pregnant by someone else and is now a lesbian and you want to know if YOU finally have a daughter?
grow up, you have nothing but a story for the Jerry Springer show at best, get the divorce and move on with life already
2006-12-12 20:34:43 · answer #5 · answered by zether 6 · 2⤊ 0⤋
Thats a tricky one.
I don't know the law in your country but in mine (ireland) it is illegal for you to put your name on the birth cert if you know the child is not yours even if you are still married. You would be giving false, misleading information
2006-12-12 20:23:44 · answer #6 · answered by Winnie 3 · 1⤊ 0⤋
relies upon on the regulations of your unknown usa. in case you stay in a Federal usa then it relies upon on the regulations of your unknown State or Province. the position I stay - California - a married guy is the criminal father of a baby born to his spouse till the paternity is challenged interior of six months after the delivery. After that era paternity is familiar by using regulation, and biology ceases to be proper. Richard
2016-10-18 05:30:50 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Since the baby is not yours you have no rights.
Call a Lawyer and ask about this.
2006-12-12 20:31:39 · answer #8 · answered by ~*~Tessa~*~ 5 · 1⤊ 0⤋