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CalifChick -> RE: breeding ? (1/29/2010 9:05:42 PM)
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quote:
ORIGINAL: dreamerdreaming
The biological father can be held legally responsible for child support, once paternity is established. I don't know of anyplace in the US where that's not so, but it may not be so in every country.
It is not so in California. The husband of a woman who becomes pregnant while they are married is legally the father, no matter who the biological father is. He is the "presumed father".
Presumed Father
If any of the following are true, a man is presumed to be the father of a child, unless he or the mother proves otherwise to a court:
he was married to the mother when the child was conceived or born, although some states do not consider a man to be a presumed father if the couple has separated, he attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the "marriage."
he married the mother after the birth and agreed either to have his name on the birth certificate or to support the child, or he welcomed the child into his home and openly held the child out as his own.
In some states, the presumption of paternity is considered conclusive, which means it cannot be disproven, even with contradictory blood tests. In Michael H. v. Gerald D., 491 U.S. 110 (1989), the U.S. Supreme Court upheld California's presumed father statute as a rational method of protecting the integrity of the family against challenges based on the due process rights of the father and the child. A presumed father must pay child support.
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