Legal Question in Family Law in Louisiana

Parental Rights

I am married, however, my husband had an affair awhile back and the person he had the affair with said she was a pregnant as a result. She had the baby and because my husband and I are still married she was asking him to sign the b.c. which he didn't because he wasn't sure if the baby was his. Now she is saying that she wants him to give up his rights to her father I guess so he can adopt the baby but doesn't he have to sign the birth certificate for that? Won't he still have obligations to this child if it is in fact his which we wouldn't know any way because she just wants him to give up his right. Don't we have the same rights with this child if it's his as she does and if we wanted to, get custody of this child? By not signing the birth certificate and just assuming this child is his and giving up the rights, can't he still pay child support?


Asked on 9/04/03, 9:35 am

2 Answers from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Parental Rights

Here is the deal.......if your husband is the "alleged" father, then his signing a surrender ends any of his responsibility whatsoever to this child, and there are no "rights of inheritance" to either he or the child. Had he signed the birth certificate, even if a DNA test was done, UNLESS there is another man who will have to support the child, then BECAUSE HE ACKNOWLEDGED THE CHILD, he will have to support it. As far as rights to inherit, if your husband acknowledges, or by DNA IS determined to be the father, then he inherits from the child and the child inherits from him.......if the child is adopted by someone other than your husband, then the child will inherit from your husband BUT he cannot inherit from the child.....another interesting thing is people can write in their wills who they want to leave their property to, and once their children are 23 yoa or older, they can be left out..........

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Answered on 9/04/03, 5:46 pm
Andrew Casanave Andrew M. Casanave

Re: Parental Rights

First, termination does not necessarily terminate forced heirship. Before I did anything I would get a DNA test. If he wants custody and he is the father, seek custody.

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Answered on 9/04/03, 1:35 pm


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