Legal Question in Family Law in Massachusetts
Law
When did it become a law that if the mother conceives a child while still married and he is not the biological father he will be considered the biological father and it is his name that goes on the birth certifcate? And those born before that law are they bond to that law? Does that child have to be forced to see that person who is not the blood father? when all parties know
2 Answers from Attorneys
Re: Law
There is a presumption that any child born in marriage is the child of both parents. There is a process to challenge this circumstance and usually arises during a divorce. I am not sure for the reason for the question.
I would suggest you contact an attorney and discuss your option and reasons sooner rather than later.
Re: Law
Hi,
That is the presumptive law, however if the child is not the biological father of the man that is married to his mother at the time of his or her birth, the child or the mother, or the father (either actual or presumptive) can file an action for paternity. If the child is a minor someone would have to do it on his or her behalf.
Jessica