Legal Question in Family Law in Oregon

pregnant but married.

I am married.. seperated not legally but married none the less and am pregnant with another mans child. Do i have to go to court to establish paternity for the babys biological father? What are the steps to getting the biological fathers name on the birth certificate?


Asked on 6/21/08, 5:21 pm

1 Answer from Attorneys

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

Re: pregnant but married.

If you are married at the time your child is born (even if not living with your husband and even if the husband is not the child's biological father), your husband will be "deemed" or "presumed" by operation of law as being the child's "legal" father. Your husband's name will be listed on the child's birth cerificate as being the child's father e if you so request (and this is true even if he objects and refuses to consent). If not the husband's name, the birth certificate will simply not name anybodyu as faher fo the child (the line is just left blank; it is NOT say "unknown" or "declined to state).

After the child is born, you can then proceed to initiate a paternity establishment proceeding against the "real" father, asking that he be declared as the child's legal father (in place of the husband) and that a new birth certificate be issued so indicating.

To get this done, you could retain the services of a private lawyer, or you can apply for support enforcement services through your local counry DA's office or throught the state's Division of Child Support. The following websites will provide more information:

"You Owe It to Your Child" --

http://www.dcs.state.or.us/publications/csfbr9050.pdf

FAQ's from DCS

http://dcs.state.or.us/faqs/default.htm

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]

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Answered on 6/22/08, 7:50 pm


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