Paternity Rights to a Child Born In Wedlock

mmora013 · #1 10-19-2006, 06:40 PM

I was seeing a married woman whom said she was going to get divorced from her husband. We dated for about six months, but we had been friends longer. Anyway, her husband can't have children due to testicular cancer at a younger age. Well she became pregnant and after three days decided to break off our relationship and stay with her husband. I know this is my child, but she is claiming she had artificial insemenation. Most likely to save face where we worked, and for her family. She is about six months pregnant now. I now live in Kansas, but she still lives in Virginia. Do I have any rights? I still want to know this child if possiable.

Clair Bonner · #2 10-19-2006, 07:07 PM

Quoting mmora013

I was seeing a married woman whom said she was going to get divorced from her husband. We dated for about six months, but we had been friends longer. Anyway, her husband can't have children due to testicular cancer at a younger age. Well she became pregnant and after three days decided to break off our relationship and stay with her husband. I know this is my child, but she is claiming she had artificial insemenation. Most likely to save face where we worked, and for her family. She is about six months pregnant now. I now live in Kansas, but she still lives in Virginia. Do I have any rights? I still want to know this child if possiable.

Sure you do. You have the right, after the child is born alive to file, and pay for, a Petition for Paternity. You file it in Virginia, assuming that is where the child will be born.

She can say anything she wants, but you, and anyone, maintain the right to file a Paternity action.

AROD3KS · #3 10-20-2006, 11:24 AM

I think you can actually start the paternity procedings now, and when the baby is born can get the dna test. Bring up the fact that the husband cant have children, if she says it was invetro she will have to prove it to the judge.

what is the husband saying? obviously he has to know its not his.

aaron · #4 10-20-2006, 12:29 PM

The husband's fertility or lack thereof, and the wife's fidelity, are irrelevant. Virginia sets forth by statute how paternity may be established.

AROD3KS · #5 10-20-2006, 06:10 PM

well thats just a weird law or whatnot. how can that be irrelevant?? i think its pretty darn important...figuring he can't have kids and she is pregnant!!! but whatever the state says goes i guess. im glad i live elsewhere.

Quoting aaron

The husband's fertility or lack thereof, and the wife's fidelity, are irrelevant. Virginia sets forth by statute how paternity may be established.

mmora013 · #6 10-22-2006, 08:14 PM

I don't know what the husband is saying. Everything I had been told is from the wife. See he cheated on her with her sister. So I feel he accepts this because of his infedelity. She told me that he would raise the child as one of his own. Of course, that made me mad because I want to raise the child, not some other guy. I told her that and thats when she decided to tell me three days later that she wasn't pregnant. Others we both know have hinted that it was his idea for all this to happen? I don't buy it.

mmora013 · #7 10-22-2006, 08:19 PM

Interesting..I am starting to believe she used me to have another child, and used the husbands infedelity as an excuse to have one. We both talked and I told her that if she ever were to get pregnant that I would want to raise the baby as a father should I think she in a way dna raped me for her needs.

rmet4nzkx · #8 10-22-2006, 09:32 PM

Quoting aaron

The husband's fertility or lack thereof, and the wife's fidelity, are irrelevant. Virginia sets forth by statute how paternity may be established.

If AI was used this seciton would apply
20-49.10. Relief from legal determination of paternity.

An individual may file a petition for relief and, except as provided herein, the court may set aside a final judgment, court order, administrative order, obligation to pay child support or any legal determination of paternity if a scientifically reliable genetic test performed in accordance with this chapter establishes the exclusion of the individual named as a father in the legal determination. The court shall appoint a guardian ad litem to represent the interest of the child. The petitioner shall pay the costs of such test. A court that sets aside a determination of paternity in accordance with this section shall order completion of a new birth record and may order any other appropriate relief, including setting aside an obligation to pay child support. No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for relief from a determination of paternity, but only from the date that notice of the petition was served on the nonfiling party.

A court shall not grant relief from determination of paternity if the individual named as father (i) acknowledged paternity knowing he was not the father, (ii) adopted the child, or (iii) knew that the child was conceived through artificial insemination.

(2001, c. 814.)