The rules for establishment of paternity vary greatly in Virginia depending on whether a child is born to a married or unmarried mother.
Establishment of Paternity of a Child Born to a Married Mother
A child born to a married woman in Virginia is presumed to be the child of her husband, so long as they were married for the ten months preceding the birth of the child. The husband is the “presumptive father” of the child, with the same responsibility for child support as a “legal father” (one who has been proven to be the father of a child).
However, the presumption of paternity in Virginia is rebuttable. In other words, the husband has the opportunity to prove that he is not the father despite the fact that he was married to the mother at the time of birth.
There are many ways … Read More »
Paternity is a father’s assumption of legal rights and responsibilities to a child. An established legal father of a child has a duty and obligation to support that child, as well as the right to petition the court for custody or visitation of the child. Such rights and responsibilities do not apply and cannot be exercised unless and until paternity is established.
In addition to the emotional and quality of life benefits that building the father-child relationship can have for both parties, establishing paternity also entitles the child to other possible benefits, including the right to inherit, the right to share in social security, the right to collect disability and veteran’s benefits if applicable, and the right to receive insurance and medical health benefits. Establishment of paternity is also valuable to the child because knowing the mental and physical health history of … Read More »
Actor Jason Patric has a case in the California courts that has gained national media attention recently because it involves the paternity rights of sperm donors. Patric’s child was conceived by his former girlfriend through in vitro fertilization using Patric’s sperm. Now he’s fighting to be declared the legal father of that child and to have custody and visitation rights established.
In 2013, the Virginia Supreme Court decided a similar case involving assisted conception: L. F. v. Breit, 285 Va. 163; 736 S. E. 2d 711. The biological father in that case, William Breit, was also seeking to have paternity established, as well as custody and visitation rights, for a child that was conceived via in vitro fertilization using his sperm. Unlike the California parties, William Breit and his long time, live-in girlfriend entered into a written custody and visitation agreement, … Read More »
Many parents say the moment that they learned they were going to be parent is pure joy and unforgettable. But those men who are not married, and sometimes men who are married, can wonder about the certainty of paternity and what would happen if they are not the father.
The Iowa Supreme Court recently issued an interesting ruling related to this issue. Like Virginia, Iowa has a firm rule that a father who is court-ordered to pay child support cannot recoup monies paid if it is later learned that he is not the biological father. But the Iowa Supreme Court ruled that a father who provides support without a court order then later learns the child is not his can sue civilly for monies paid, under the theory of fraud.
The point remains, however, that if you are a man who finds that … Read More »