If Stern and Smith had been married, would paternity be an issue?

Nikia

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Fri Feb-09-07 10:03 PM
Original message

If Stern and Smith had been married, would paternity be an issue?

Edited on Fri Feb-09-07 10:17 PM by Nikia

I heard that a man is considered a baby's legal father unless he claims otherwise. Is this true? Does "the other man" have any rights to claim paternity in the case that he might be the biological father? There are some men who might have reasons that they want to be the father regardless if the baby is theirs biologically. I suppose that there are also men who would want to be named the father if they are biologically the father even if the mother of their child is married to someone else.

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Shell Beau

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Fri Feb-09-07 10:04 PM
Response to Original message

1. I think so. If there had been an affair in a marriage, then

the other party can come forward and request a paternity test.

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Left Is Write

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Fri Feb-09-07 10:09 PM
Response to Original message

2. Yes. Larry Birkhead could still come forth and make a paternity claim.

If a man and woman are married at the time the baby is born, the husband is considered the legal father unless proven otherwise.

In any case, Anna Nicole and Howard K. Stern did not have their commitment ceremony until after Dannielynn's birth.

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flvegan

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Fri Feb-09-07 10:12 PM
Response to Reply #2

3. Hold on, not so fast.

The husband is the legal father regardless in some states. Proven otherwise doesn't matter. Responsibility still falls with the husband, the legal "other half" in many states.

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Left Is Write

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Fri Feb-09-07 10:31 PM
Response to Reply #3

4. That's probably true...

But even if Stern were legally married to Anna Nicole, if Larry Birkhead were the biological father, he could stake a claim, especially in the case of Dannielynn's inheritance.

Of course, my last personal experience with paternity comes almost 20 years ago in Minnesota, when an unmarried woman was considered the sole legal and physical custodian of a child, regardless of any paternity claim.

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philosophie_en_rose

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Fri Feb-09-07 11:16 PM
Response to Reply #3

5. Not true. There is a presumption of paternity.

But a presumption is only treated as true in the absence of contrary and convincing evidence. If the true father challenges paternity within the statute of limitations, a marriage license will not change that.

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