California  |  Family Law

Legal Question

Asked on: 9/17/13, 8:01 am

I am a married woman, had baby outside of marriage. Bio dad insisted on abortion, when I refused he no longer wanted anything to do with me. Husband and I have decided to stay together and he would raise him as his own. Husbands name is on birth cert. Suddenly, bio dad has decided that he want to be part of baby's life. Can he force paternity test, and will courts give him visitation rights?

1 Answer

Answered on: 9/17/13, 12:15 pm by Anthony Roach

It depends on whether the conclusive presumption of paternity set forth in Family Code section 7540 applies or not. “Except as provide in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.” (Fam. Code, § 7540.)

Family Code section 7541 provides for the exceptions to this presumption dating from Roman Law.

There are tricky doctrines that come into play, and I suggest that you speak to an attorney familiar with California's quirky paternity laws.

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Law Office of Anthony A. Roach 9909 Topanga Canyon, Ste.313 Chatsworth, CA 91311

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