Re: dna testing

More | Report Post

Dear Lavonne,

It is depend on your state law, however, under the common
law, there was a presumption that a child born to a marriage
was a child of the husband. This presumption could only be
overcome by a showing of sterility, impotency, or that the
husband had no access to his wife at the time of
conception. In California, the presumption can be
challenged by a presumptive father or child for any reason
as long as it is raised within two years of the child’s
birth. In the same period, the mother can challenge it only
if the biological father has filled a written declaration
acknowledging paternity. In either case, blood testing is
used to resolve the paternity dispute. Once the two year
period has elapsed, however, the presumption is conclusive,
unless the common law grounds can be established.

Thanks

On 3/25/07, lavonne wrote:
> I was married to my child's father once child was born
> father acknowledge child was his and signed paternity
> affidavit at the hospital and name now appears on child's
> birth certificate. Child is now 5 years old can now ex-
> husband challenge paternity.