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Legal matters

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Biological father, dna, birth certificate, rights

5 replies

cooper2326 · 08/02/2021 20:55

As with most split couples with child/children there are issues, and mine is very complicated. I don't mind explaining more details if needed to understand, but for a first post would be too much to read.
I will explain slightly.

When we got together, I already had 2 daughters from a previous relationship and I didn't want anymore children, I was protected, but after having my 5 year coil removed I fell pregnant (apparently sperm can stay alive and active for 7 days after intercourse), I had a miscarriage, but because I had gotten used to the idea of being pregnant and having a baby.
We tried for 2 years with no luck, I went on a rare night out, had 2 drinks and have no recollection of that night, nothing, at all, making me think my drink may of been spiked. 10 weeks later I found out I was pregnant. After 7 weeks of swaying, I decided to keep the baby, never telling a single soul about that night.
6 years on and I've now told him about that night (again due to issues) so....

He is on the birth certificate, has believed he is the biological father, had contact with her for 6 years (including the 3 years we haven't been together), if a dna test says he isn't her biological father what rights does he have?

Again please take into account that there are issues and complications, as well as the fact that if he isn't the biological father, then that means that one night something happened to me which shouldn't happen to anyone.

OP posts:
Starlightstarbright1 · 08/02/2021 22:26

Well if he isn’t the dad he has no rights..... however as he and your Dd have believed all that time he is the dad it is completely unreasonable to cut him out unless there is abuse involved. But relationship complications no.

Lizadork · 09/02/2021 01:31

This might be better in the legal section, to me whether he is or isn't the biological father - he is the legal father and has been behaving as such for 6 years. I don't think any one at this stage could remove his parental rights. Even if DNA said no. It would be up to a court most likely regarding any attempt to remove them. Maybe if he other potential came forward that might be more complicated.

I don't have the answer. Speculation mostly.

Going to recommend moving to legal.

Collaborate · 09/02/2021 11:00

Assuming he is not the father and you are unmarried:

  1. You will have no right to child maintenance for that child (from him at least).
  2. He may apply for a child arrangements order without leave of the court as he has lived in the same household as the child for at least 2 years.
cooper2326 · 09/02/2021 17:37

Thank you to all of you. I have put this post on legal matters also, just thought maybe someone could of had similar situations.
Xx

OP posts:
RainingBatsAndFrogs · 09/02/2021 17:59

Were you married when the child was born?

I am sorry you have fears about that night, OP. Flowers

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