Legal Question in Family Law in Illinois
Pregnant with another mans Baby
I am married and had an affair with resulted with a pregnancy. My husband and I will raise the child. Does the bio father have any paternal rights?
2 Answers from Attorneys
Re: Pregnant with another mans Baby
Yes, if he chooses to assert those rights - there are time limitations, etc. for him to do so - he must then go the legal route to assert those rights.
Re: Pregnant with another man's Baby
The law presumes the husband of a child born during the marriage is the father, and this presumption is powerful; it will not be overturned in the eyes of the law absent PROOF IN COURT that another man is the natural father. Stated another way, the natural father has no rights whatsoever, unless and until he goes to court to have his paternity established. Once he does that, he will have all the rights of a parent.
Of course today, proof of paternity is more easily established (i.e., DNA) than it used to be, and courts faced with paternity cases nearly universally order a DNA test. But a DNA test, without a court paternity proceeding, is not enough to give the natural father any rights at all. His rights flow only from the court�s finding, based upon evidence, that he is the father.