[mommy8]

I was married to my hussband and still am when I got pregnant with my daughter. We are unsure of the father, as we were seperated (not legally) for a two week period of time. My daughter is now 18 months old. My husband signed the BC and has never denied paternity, doesn't care too. The potential bio father has not had contact with me since I was about 3 months along. I tried to inform him of my opregnancy and tried to start the ball rolling on a DNA test but he hung up on me and never let me speak to him. I sent 3 certified letters telling him my due date and 3 ways to contact me (phone, mail, email) He never did. My concern is, can he at any point demand a DNA test on my daughter? What would the likelyhood be of him getting any rights>? My child only knows my husband as her father and she has other siblings as well.

[aaron]

His rights will vary by state. Some states would permit him to demand a paternity test despite the fact that you were married. Others would not.

[mommy8]

I'm sorry, I forgot to list my state. It's Mississippi

[Mr. Knowitall]

The Mississippi Paternity Act includes a provision, § 93-9-5, "Sections 93-9-1 through 93-9-49 apply to all cases of birth out of lawful matrimony as defined in Section 93-9-7." That suggests that unless you and your husband agree that the child was not born of your marriage, or get a court order to that effect (e.g., as part of a divorce), a third party would not be able to commence a paternity action.