Legal Question in Family Law in Pennsylvania

husband and pregnancy

I have a bit of an odd situation. My fiance and I were planning to marry January 2008 and we wanted to have a child so we still started to try to conceive many months ago. We already knew my fiance had some issues and we talked about getting AI (artificial insemination) if he definately could not provide sperm for a child.

We ended up having to go that route. My husband and I went through a home insemination program(where you have to have medical releases but do thing son your own). We had no idea if this would work but thought we would try that before the higher expenses of a fertility clinic.

I learned I was pregnant in Dec and we moved forward wth our Marriage plans in Jan.

My husband know says he doesn't want a baby and only went AI route for me. He moved right back home with his parents.

He says he is going to divorce me and drop me from the insurance Since we didn't go through the fertility clinic he says he is just going to say the baby isn't his. Since we used AI obviously technically biologicall the baby is not his?

what can I do to keep insurance? Is there any way I can block the paternity test so that he still has to pay child support since this was and for all intents and purposes is hs baby.


Asked on 1/27/08, 2:28 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: husband and pregnancy

You asked about the implications where a child was conceived amongst consenting spouses.

Wow! If this isn't an issue of the 21st Century then I don't know what is.

You need to speak with an attorney right away. Actually, not just one, but many. You need to interview attorneys that are willing to take on an issue that has huge repercussions. you may even need to enlist the assistance of groups that support your cause.

The courts currently hold that a child born of an in tact marriage is a product of that union. But this case exposes some cracks in that proposition and could in fact either cement the rule or have far reaching impact.

I would suggest you start by contacting local family lawyers. And also by looking to local law schools for clinics that are interested in the issue (such as Widener University School of Law in Wilmington, DE).

You also need to be candid about your resources and the resources of your soon to be ex. Depending on that fact it could shape whether this will be a long fight or a short one.

Looking on the bright side, you have a baby on the way (congratulations), and aren't saddled with a non-committal louse for life, and you may make history.

Regards,

Roger

P.S. If you call I may be able to direct you to some resources. RJT

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Answered on 1/27/08, 3:25 pm


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