I live in California. I have been married for 11 years and have 3 children with my husband. However, I am now 8 mos pregnant from the result of an affair. (99% sure of this because husband had a vasectomy). My questions are regarding the rights of the biological father assuming it is the man who is not my husband.
1) What rights does he have with this child?
2) Is there a time limit on which he has to act?
3) Can i be required to allow paternity testing if he requests?

I read an article titled "Marriage Trumps Biology in California Paternity Fight" Case: (Dawn D. v. Jerry K., 952 P.2d 1139 (Cal. 1998).) QUOTE "Dealing a blow to advocates for fathers' rights, the California Supreme Court recently clung to age-old legal concepts of family and found that the biological father of a child born out of wedlock has no constitutional right to seek to establish a relationship with the child when the mother is married to another man."

Is this possible that a biological father can be legally excluded from being an active part in the life of his biological child? I was given an answer on a previous question which stated the bio father could even fight and most likely win to get the childs last name legally changed to his own if done before the child had a chance to identify with the name. Is that true? It seems very contradictory to what the above case jugdement stated.

thanks for your time