Legal Question in Family Law in Massachusetts
illegitimae child's name
If married after birth of child does father have to adopt child?
2 Answers from Attorneys
Re: illegitimae child's name
If the husband is also the father of the child, and both acknowledge this, no adoption is necessary. However, the timing of the marriage might to a a degree affect this. A man is presumed the father if the marriage occurs within (if memory serves -- I haven't looked it up for this answer) within 9 months before or after the birth.
In any event, the process of acknowledgment of paternity is much simpler here. If neither party has any doubt on paternity, the matter can be resolved easily.
Re: illegitimae child's name
A simple acknowledgment of parenthood may solve this problem.
Please feel free to contact my firm. I am located in Quincy.
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