Legal Question in Family Law in Oregon

I might have gotten a married woman pregnant. Now she is forcing me to take a paternity test. Should I take the test? If this proves that I am the father will she be able to force me to pay child support? She is still married and lives with her husband. Lastly, can she put my name on the birth certificate if I am determined to be the biological father? Thank you.


Asked on 3/01/11, 10:51 am

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

First, don't forget the very basic point that she did NOT get herself pregnant. YOU had a direct hand (or other body part) in the matter).

Second, the one sure way to avoid financial liability for a child born to a woman to whom you are not married is to avoid having sexual intercourse with her. You apparently forgot about that.

So..... No, she cannot force you to take a paternity test. But a judge can, and will, if such become necessary. If the paternity test proves you are the father, the mother (and the taxpayers) will ultimately force you to pay chlld support. (This is so because I and my fellow taxpayers) do not want to have to pay money to support YOUR child, which is what we would end-up doing if you do not fulfill your financial obligation. Further, the fact that she is still married and living with her husband is of no financial consequence. He may be the mother's husband but he is not the father of her baby. Lastly. NO, she cannot put your name on the child's birth certificate, at least not until and unless your legal paternity of the the child has been declared and established through one of the methods provided by law for doing so

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LAWRENCE D. GORIN

http://ldgorin.justia.net/index.com

Law Office of L.D. Gorin

6700 S.W. 105th Ave., Suite 104

Beaverton, Oregon 97008

Phone: 503-716-8756

Fax: 503-646-1128

E-mail: [email protected]

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Answered on 3/01/11, 12:20 pm


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