Legal Question in Family Law in Maryland

Health Insurance, Marriage and Child Out-of-Wedlock

Until the divorce, she is on your health insurance policy and entitled to coverage, or a continuation of benefits thereunder, and this is a matter of Federal law.

Even after the divorce, her coverage may, in certain circumstances, be continued.

This is entirely correct and proper. She has a right to health coverage where it is available.

To deprive her of health care would not only be improper but would be a turning back of the pages of history.

On the other hand, you should protect your interests concerning any action taken against your for paternity.

Essential is your period of separation. A separation agreement may be of assistance.

Generally, a child born of wedlock is presummed to be a natural child

of the wedded couple. Protect your rights. If you acquiesce to the child being your progeny, your affection may be used to your detriment with regards to paternity. I am not saying to be nasty to your

estranged wife or her illegitimate child but you do need to be aware of this matter. There is a case in Maryland where, despite an otherwise supportable assertion of non-paternity, the court would not become involved with

declaring an affectionate and asserted non-biological father as not being a lawful father because, in the court's discretion, it would not be in the best interest of the child to do so.

DISCLAIMER: No legal advice is provided herein. This communication provides information about the law generally. If you require legal advice, you should acquire the services of an attorney.

G. Joseph Holthaus III

(410) 799-9002

Re: insurance and pregnancy

Since your wife is a covered insured under your policy until your divorce becomes final, she's entitled to use the benefits. The policy doesn't specify that you must be the father of the child in order for coverage.