Legal Question in Family Law in Massachusetts

Paternity

I am in my second marriage. During the first I had a vasectomy after having two children. Now in my second marriage we used donor sperm to concieve a child. Now comes a disagreement with a sister-in-law and she claims that her DNA ties to the child are stonger than my legal ties with him and that the birth certificate with my name on it is not as strong and wouldnt hold up in court should something happen to my wife therefore she could take custody of my son. I say poppycock but my wife now has doubts. Do we need a will or some other piece of paper to protect me and my son from getting seperated?


Asked on 10/16/06, 9:05 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Parent-Child vs. Interloper

Your sister-in-law is someone to be wary about.

It is my suggestion that you think deep and strong about confiding or talking to your sister in law about anything related to any matter of substance. In fact, I am thinking that this should even apply to her contact with your child.

Now is your sister in law saying that since the egg was that of her sister therefore her dna has a link to you child that has more legal force and effect than yours?

If that is the case, she will be making new law in Massachusetts. I know of no case that supports her contention. Of course, if she thinks she can make new law, then she can spend the money to take this issue through a trial court and the appellate system.

You can protect the integrity of you family unit by having the proper documents executed, and by making sure that any paper legal link to your sister-in-law is eliminated. If she is claiming this remote ancestoral link now, what will she claim later if she has more contact with your child.

I also suspect there is more to this than you have discussed and maybe more to this than you know.

If you have any questions, please contact me.

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Answered on 10/16/06, 11:43 pm
Maria Murber Law Offices of Maria Murber, PC

Re: Paternity

I agree with Attorney Lebensbaum and just to add a non-legal comment, your sister-in-law needs to mind her own business and if she wants to quote the law, it is approximately 100,00 dollars and years of study to become an attorney and pass the bar exam. Good luck!

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Answered on 10/17/06, 5:25 am

Re: Paternity

A father is presumed to be the parent of a child in MA. In this case, you are the father and your sister-in-law needs to mind her own business. The only cases where fatherhood is contested is if the biological father seeks to contest it or in the midst of a divorce a father seeks to deny parenthood as a result of infedility. In your case neither applies.

Your sister-in-law should stop believing television soap operas and start reading law books. I would limit her involvement with your family given her absurd attitude.

A Will is always a good idea, especially if you have children.

Congratualtions on being a father and please feel free to contact me if you have more questions.

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Answered on 10/17/06, 11:28 am


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