Legal Question in Family Law in California

Legal Fatherhood

If a married woman becomes pregnant by a man other than her husband, and the husband is aware he is not the biological father of her unborn child, can the husband become the legal father of the baby if he wants - assuming that the biological father knows and has no objections?


Asked on 4/04/04, 6:11 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Legal Fatherhood

In California there is a presumption that the husband is the father of any child born during the marriage. If the husband takes the child into his home and treats it as his child then he would become the father for legal purposes.

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Answered on 4/05/04, 1:15 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Legal Fatherhood

In a general sense, under California law, Husband will be presumed to be the biological father, and will be estopped from denying paternity if he treats the child as his own over a period of time.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 4/05/04, 10:59 am


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