Does Marriage During Preganancy Result in a Presumption of Paternity
My question involves paternity law for the State of: Oregon. If my ex was pregnant when we broke up and she married before the child was born, In Oregon if your married before the birth of the child the guy she married is the father?????
Re: Does Marriage During Preganancy Result in a Presumption of Paternity
Quote:
109.070 Establishing paternity.
Quote:
(1) The paternity of a person may be established as follows:
(a) A man is rebuttably presumed to be the father of a child born to a woman if he and the woman were married to each other at the time of the child’s birth, without a judgment of separation, regardless of whether the marriage is void.
It would appear so BUT, as it states, that is rebuttable.
What is the situation that makes you ask the question you have?
Re: Does Marriage During Preganancy Result in a Presumption of Paternity
Im asking for a family member who was with his girlfriend when she got pregnant. They broke up while she was pregnant and she ended up getting married while she was still pregnant and he says that he has been told by lawyers that in Oregon if you get married while your pregnant then the guy she married is the father and theres nothing he can do about it. The child is now 2 years old. I just think thats crazy so Im trying to do a little research on it.
Re: Does Marriage During Preganancy Result in a Presumption of Paternity
109.070 Establishing paternity. (1) The paternity of a person may be established as follows:
(a) A man is rebuttably presumed to be the father of a child born to a woman if he and the woman were married to each other at the time of the child’s birth, without a judgment of separation, regardless of whether the marriage is void.
(b) A man is rebuttably presumed to be the father of a child born to a woman if he and the woman were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment or dissolution or after entry of a judgment of separation.
(c) By the marriage of the parents of a child after the birth of the child, and the parents filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided for by ORS 432.287.
(d) By filiation proceedings.
(e) By filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided for by ORS 432.287. Except as otherwise provided in subsections (4) to (7) of this section, this filing establishes paternity for all purposes.
(f) By having established paternity through a voluntary acknowledgment of paternity process in another state.
(g) By paternity being established or declared by other provision of law.
(2) The paternity of a child established under subsection (1)(a) or (c) of this section may be challenged in an action or proceeding by the husband or wife. The paternity may not be challenged by a person other than the husband or wife as long as the husband and wife are married and cohabiting, unless the husband and wife consent to the challenge.
He received accuarate advice.