She's Nobody's Baby Now?

While our society has come to accept out-of-wedlock children with little or no apparent stigma, there remains a principal in law that is near and dear to parentage: the presumption of legitimacy of a child born during a marriage. This is a strong, virtually inalienable right that warrants protection from almost any inquiries that would rebut it. The issue can arise in various ways. A third party can come forward asserting that the child is his and petition for a declaration of paternity of a child born in a marriage. A mother may come forward and claim the child does not belong to the husband, perhaps in order to gain an edge in a custody dispute. Most commonly, a husband/father may go to court to disown the child in an attempt to avoid the obligation to support her. However, regardless of the motivations or allegations, there is a prevailing presumption of paternity that is very difficult to rebut.

30 minute read January 27, 2006 at 11:08 AM

By

Jo Ann Douglas