Legal Question in Family Law in South Carolina

When a child is conceived during a marriage � even if the divorce is finalized prior to the birth � the husband, not the biological father, is considered to be the legal father of the child. This has far reaching effects.

You are the �legal father� and will be legally responsible to provide financial support to the mother for the child.The child will inherit from you, the husband � not the biological father � and the husband will inherit from the child in the event of one of their deaths.

The legal process to establish paternity in South Carolina requires a lawsuit to be filed in Family Court with the mother, legal father and the assumed biological father as parties. SC Code �63-17-10(E) requires a Guardian ad Litem to be appointed to represent the child. Paternity can be established by providing evidence of genetic testing, a signed voluntary acknowledgement of paternity, or a birth certificate signed by the mother and the putative father. The Court can even go as far as �viewing� the child looking for evidence of physical features that might help identify the father.

Upon reaching a determination of paternity, the Family Court can order that the biological father be listed on the child�s birth certificate, order the biological father to be responsible for financial support for the child, and can free the original legal father from any further legal responsibility for the child.