Legal Question in Family Law in Oregon

Re: Due in October

If you are married at the time of your child�s birth (even though separated from your husband and your husband not being the child�s biological father), your husband will be PRESUMED in the eyes of the law as being the child�s father. And in that situation, on the child�s birth certificate, the only man who can be listed as �father� is your husband. Otherwise, at your option, no name of father will appear at all. In other words, either husband�s name or no name. But in no event will the birth certificate of a child born in wedlock list as the father a man other than the mother�s husband. There is no legal way, in advance, to prevent this from happening.

After the child is born, you and your boyfriend (child�s biological father) can petition the court for a Judgment Establishing Paternity, thereby declaring the boyfriend as being the child�s legal father (in place of husband). Hopefully, husband will not object to this being done, so you should have no problems. And the Judgment Establishing Paternity will then allow for Vital Records to list boyfriend as �father� on the child�s birth certificate (and change the child�s name, if so desired).

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

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]