Legal Question in Family Law in Oregon

Re: Paternity

SECOND OPINION (this one coming from an Oregon attorney).

Under Oregon law, the man to whom you are married when the child is born is automatically PRESUMED to be the father, as a matter of law. So your husband will be automatically identified as �father� on the child's official state-issued birth certificate. This is based only on marital status and has nothing to do with biological realities.

This is because of a legal PRESUMPTION. It may be rebutted later on down the line by use of proper legal procedures. And when that happens, the name of father on the birth certificate will then be changed.

So.......After the child is born (you should wait about three months), have DNA paternity tests done on you, husband, bio-dad and child. Assuming the tests show husband is not papa and that bio-dad is, and further assuming that everybody is in agreement to have bio-dad identified as �father� on the child's birth certificate, a legal proceeding would then have to be filed with the court to get this done. This would be done by a "friendly lawsuit," meaning that everybody is in agreement. Net result will be a STIPULATED COURT JUDGMENT declaring bio-dad as the child's legal father, in place of husband.

Lastly, if all you really concerned about is the child's NAME, then there is no need for jumping through legal hoops. You are free to give you child any name you want. The name given to the child has no legal bearing as to who is or is not the child's father.

If you want to do so, you can name your baby ELVIS PRESLEY, Jr. The name is merely a label and has no legal connection to parentage. So if you want to assign to the child the last name of the biological father, you are free to do so. No consent from anybody is need to just do that. Of course, regardless of the name given to the child, your husband will be identified as "father" on the birth certified, at least until subsequently changed by court order.

Need more help? Call me and we can arrange for further consultation and advice.

LAWRENCE D. GORIN, Attorney at Law

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

Re: Paternity

You should have a paternity test to be sure. If you want the baby's biological father acknowledged as the father you can do so by contacting an attorney where you live in Oregon and drawing up a visitation agreement and the biological father should pay child support for this child. On the other hand, if the biological father doesn't want a relationship with the baby and is willing to sign off his parental rights then your husband could adopt the baby. Just some things to think about!