Legal Question in Family Law in Oregon

Re: child conceived with another father before divorce

Yes, you must be very concerned about this. Oregon law "presumes" conclusively that any child conceived during a marriage is the child of husband. ORS 109.070 Have you filed a response to the petition? Did the wife indicate that she was expecting a child? Where you separated or were you living together when the child was conceived? Is your divorce final? Do you have other children? Has the child been born? If so, is the biological father on the birth certificate? This can have long term support consequences for you so be very careful. I recommend that you immediately find a lawyer or go to your county courthouse and request assistance in filing a response to the dissolution petition. Even if your divorce is final, you need to get this taken care of now. If you wait, it may be very hard to change later.

Child conceived during marriage but husband is not the father.

YOUR QUESTION:

My ex-wife will have a child who was conceived with another man before we filed for divorce. Could I be implicated as the father of this child?

ANSWER:

Yes. Under Oregon law, if you and your wife were cohabiting with one another at the time she got pregnant, and you were at that time capable of fathering children (that is, you were not impotent or sterile), then as a matter of law you could be deemed to be the legal father of the child, biological realities to the contrary notwithstanding. (In other words, the fact that you are not the child's biological father would make no difference. Indeed, evidence proving that the child is not your biological child would be deemed as legally irrelevant and would make no difference to the legal system.)

How and when this rule of law comes into play and the procedural rules that control its application are too numerous and technical to try to explain here. Suffice to say that you are presenting a problem that carries substantial and significant legal, financial and emotional consequences.

YOUR QUESTION:

Is there anything I can or should do to protect myself from being implicated as the father?

ANSWER:

Yes. Best advice is to confer with an experienced Oregon family law lawyer who is thoroughly knowledgeable with Oregon paternity law and with the substantive, procedural and administrative processes for used in Oregon to establish legal parentage and impose child support obligations.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]