Legal Question in Family Law in Maryland

married to your mother when you we born but i am not your dad

who am i if i were married to a women and she had an affair which a child was born from; which i didn't know was not mine at the time? there has never been an adoption on my part but resently found out the biological father i around or maybe he is dead. do i or the child have any rights legally/ what type of legal/illegal adoption would this be. thank you


Asked on 11/01/04, 3:44 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: married to your mother when you we born but i am not your dad

There's a presumption in the law that the spouse of a woman bearing a child is the natural father. If you want to be considered as the father's child, you need not do anything. If you don't want to be responsible as the child's father, and the biological father isn't planning to claim responsibility, you would have to file a court action seeking to terminate your parental relationship. Blood/dna tests would be used to make this determination, unless the mother admits the facts.

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Answered on 11/02/04, 10:40 am


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