[vb425]

My question involves paternity law for the State of: Virginia
I keep reading that the father is presumed to be the former husband if the baby is born within 10 months (300 days) of a divorce. Also that voluntary paternity establishment is not possible in this case.

My ex-husband & I finalized our divorce on 4/2/08 and my baby will be born at the end of December. I was not pregnant at the time the divorce was finalized. He is not the father. Our grounds for divorce were based on 6 months of separation.

My question is whether I can use the separation agreement date for that 10 month time period or does it have to be the divorce date?

Is it true that in Virginia in this cirsumstance paternity has to be establised by the court?

[Mr. Knowitall]

Where do you "keep reading" that - I don't see any such reference in Virginia's statutes.

Assuming you're bumping into the presumption of paternity, due to the proximity of the birth to the entry of the judgment of divorce, the solution would appear to be to hold off on applying for a birth certificate, initiate a paternity proceeding and establish parentage through a DNA test. There's probably a more elegant way, and they would probably know about it at the hospital.

[vb425]

Thank you for your answer. This is from a publication put out by the Division of Child Support Enforcement. I've seen it also expressed as 300 days but cannot remember where.

"According to Virginia law, the husband of the mother is presumed to be the legal father of her child. If the mother is married or was married up to 10 months prior to the birth of the child to someone other than the biological father of the child, paternity must be established in court. Paternity may not be established by voluntarily signing an AOP form." http://www.dss.virginia.gov/pub/pdf/dcse_paternity.pdf