Legal Question in Family Law in Michigan

unborn child adoption

I am engaged to a man that is not the father of my unborn child. If we get married before the baby is born, is my fiance able to adopt the child with out the fathers concent? The baby's father and I were never married, he is aware of the baby but has not taken any part in the pregnancy process.


Asked on 12/12/03, 11:09 am

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: unborn child adoption

There is a presumption that a child born within 10 months of a marriage is a "child of the marriage." If your fiance accepts the child as his during the marriage and in every way acts as the child's father, the child will be legally presumed his, unless the biological father starts a paternity action before you're married. Short of divorce, in which custody might be come an issue, there are very few ways biological fathers can assert their paternity rights (or be saddled with the obligation of child support) in this situation. It's a back door to adoption, so make sure you both understand the implications.

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Answered on 12/12/03, 11:28 am


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