Legal Question in Family Law in Oregon

Fathers rights and responsibilities under Oregon law.

ANSWERS:

Two important points to understand:

First, under Oregon law, if at the time you got pregnant (a) you were married and (b) cohabiting (i.e., residing with) your husband and (c) your husband was at that time not impotent or sterile, then, as a conclusive �rule of law,� your husband is automatically deemed to be the child�s legal father, regardless of biological reality to the contrary. ORS 109.070(1)(a). This is an absolute rule of law. If the three �conditions� stated in the statute are met, there is no way of challenging the husband�s legal paternity. Not by you, not by your husband, and not by the child�s biological father. Period.

Second, if the conclusive �rule of law� of ORS 109.070(1)(a) does not apply, your husband will nonetheless still be presumed to be the child�s legal father if you and he are married to one another (even if not living together) at the time of the child�s birth. ORS 109.070(1)(b). Under this statute, if you are married at the time you give birth (regardless of circumstances at the time of conception) , your husband is presumed to the legal father of the child as a matter of law, even if he is not the child�s biological father. This legal presumption that the husband is the child�s father will continue until and unless the presumption of the husband�s paternity is terminated through some subsequent legal proceeding. (For example, your husband files for divorce and as part of the divorce proceeding alleges that he is not the biological father of the child born during the marriage.)

DOES THE BABY'S BIOLOGICAL FATHER HAS ANY RIGHTS?

ANSWER: No. Given the foregoing legal principles, the child�s biological father has no rights.

DO I NEED TO GET SOMETHING DONE LEGALLY?

ANSWER: No.

SHOULD THE BABY HAVE THE BIOLOGICAL DAD�S LAST NAME?

ANSWER: You can give the baby any name you want. That is totally up to you. (Keep in mind, however, that the official Certificate of Live Birth will list your husband as the child�s father. And this would be true even you, your husband, and the child�s biological father are all in agreement to have it otherwise.)

WHAT ABOUT CHILD SUPPORT?

ANSWER: Parental rights and responsibilities are premised on LEGAL relationships, not BIOLOGICAL relationships. Thus, if your husband is the child�s LEGAL father, than your husband has all legal rights and all legal responsibilities of being the child�s father, including child support. The child�s biological father has no legal rights and no legal responsibilities. And specifically, the child�s biological father has no liability or obligation for the support of the child. In the eyes of the law, the child�s biological father is a �nonentity.�