can the wife deny a DNA test and just name the husband the father of the child, even if there is a chance he isnt the father??
2007-02-13 10:46:30 · 8 answers · asked by JJ C 2 in Family & Relationships ➔ Marriage & Divorce
There are certain situations in which the law presumes that someone is the father of the child. For example, when a child is born to a married couple, the law presumes that the husband is the father of the minor child.
This varies from state to state, so I would contact an attorney to be assured it applies in yours.
2007-02-13 10:58:46 · answer #1 · answered by bensbabe 4 · 0⤊ 0⤋
If there is a chance that the husband will want to end the marriage if the baby is not his, he should do this now. Since he is married to the mother, once he has held the baby out to be his for a period of time determined by state law, he will be obligated to support the child.
If, on the other hand, he would still want to be married to the wife, and be a father to the child, he should not be tested. He should leave well enough alone.
2007-02-13 10:58:50 · answer #2 · answered by Tricia R 4 · 1⤊ 0⤋
It has occurred that the mother can put any name she wants on the birth certificate if the father is absent at the baby's birth. I was there when my kids were born and I had to sign something, which got transferred to the real birth certificate from the government. So was the husband there?
If the husband's name is on the birth certificate, he already has the right to take the baby to have a test done without the mother's consent. Then he has the proof he is looking for.
2007-02-13 11:20:17 · answer #3 · answered by Sir Richard 5 · 1⤊ 0⤋
The father must allow himself to be put in the birth certificate. The woman cannot just name the father she wants. And, no, she cannot refuse the paternity test. If there is some question by the presumed father, he has the right to have himself confirmed or eliminated as the father.
Now, since they are married, he will be considered the presumed father. But, he can have a paternity test if he wishes before he is placed on the birth certificate.
2007-02-13 13:00:59 · answer #4 · answered by ? 5 · 2⤊ 0⤋
I am not sure if each state is different...
contact your area human services department...
but.where I live .it is my understanding that if your married..it doesnt matter if the baby is yours or not..your married and your name automatically goes on the birth certificate...
you can contest it later..and you might have to have her court ordered if you have reason to believe the baby might not be yours....but at the time of the birth your name will appear on the certificate as the father.
2007-02-13 12:50:32 · answer #5 · answered by Berge 2 · 0⤊ 0⤋
is your name on the birth certificate?? (yes) you can take the baby to get tested yourself assuming you are the one named - and no i think the spouse needs to be there you can't just pick a name to put on a child
2007-02-13 10:52:51 · answer #6 · answered by gabby 5 · 1⤊ 0⤋
No. If the father suspects he has a right to know.
2007-02-13 11:05:24 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Contact an attorney. But prepare for divorce either way...
2007-02-13 10:54:03 · answer #8 · answered by Anonymous · 0⤊ 0⤋