Legal Question in Family Law in South Carolina

Marriage and Paternity

I am currently 7 months pregnant and engaged to someone other than the biological father of my child. If we marry before the birth, would my husband be considered the legal father, or would I list the biological father on the baby's birth certificate? Would we need to go to court with the biological father to establish his patenity for child support purposes? He does not contest that the child is his, but would a DNA test be recommended anyway?


Asked on 8/28/03, 2:20 pm

1 Answer from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: Marriage and Paternity

There is much additional that I do not know about your situation. My response is a general one.

The law favors all children having a father. Should you marry before delivery and declare that your husband is the father and if he will declare that he is the father, then he will be the child's father and no one will have standing to contest it except the biological father.

The law will presume that he is the father rather than have the child born without a father.

That is the best that I can do with what you have told me. There are other things which I would need to know. Does the biological father acknowledge that he is the father? Has the biological father lived with you during your pregnacy, the last six months of the pregnacy? Has he contributed to the costs associated with your pregnacy? Does he know you are pregnant?

You can see that the question you propose is not easily answered. I hope you can do something with this answer. You cannot go wrong if you and your husband-to-be visit a family law specialist (a lawyer) in your area. It should not cost you no more than $200.00 for a consultation and opinion.

Best of luck.

Read more
Answered on 8/28/03, 6:34 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in South Carolina