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Original poster

Child born as of an affair

39 replies

mum11970 · 08/10/2016 23:59

Before my husband was divorced his wife had a child as the result of an affair. This child has been brought up by her biological mother and father apart from the first few months but my dh is listed as father on the birth certificate as he was unaware of affair at time of birth. The child is now an adult but still has wrong father on certificate. What are the legal ramifications when my husband passes away. He has two older children from that marriage and younger ones with myself.

OP posts:
TheBouquets · 09/10/2016 00:09

Laws can be different in different places. Probably best to speak with a solicitor and perhaps get the DNA test and alter the Birth Certificate.

Sparklesilverglitter · 09/10/2016 00:13

Surely the child's mother committed an offence to lie on a birth certificate

I'd be worry that (god forbid) if anything happened to your DH he is named on the birth certificate of a child that isn't his. Would that give said child a claim to his estate? I'm not sure as a DNA test with your children would show they don't share parents but it could be messy I imagine

Original poster
mum11970 · 09/10/2016 01:19

My dh seems to be totally blase about it as all parties accept the paternity despite what it says on BC but it's me and our children who would live with any ramifications in the result of his death. He does have a will, but to be honest, I don't think he's even thought through that as our children are still of a dependant age and that they need to be catered for differently until out of education, never mind the possibility the will could be challenged. Dh works for himself so could leave me with all sorts of hassle. It is very unlikely that any challenge would happen but I suppose it's always a possibility. I can't see a solicitor about it as, in reality, it's not my problem unless the worst ever happens.

OP posts:
lalalalyra · 09/10/2016 01:39

If he's on her birth certificate without any correction or legal declaration of paternity then in the eyes of the law he is her father.

So he needs a very carefully worded and watertight will. Especially one that covers the situation if you die first or if you both die together.

He should also be double checking things like any insurance policies that he may have that pay out to his children.

Caipira · 09/10/2016 01:54

He might be better going for a court ordered paternity test, once he's proved he's not the father he can apply to amend the registered details.

summerainbow · 09/10/2016 06:41

If you are married any child the wife has is automatically registered as her husband child.

SillySongsWithLarry · 09/10/2016 06:55

Does he want to change the birth certificate? If the child is an adult he has had plenty of time to change it if he wanted to.

luckylucky24 · 09/10/2016 07:24

I am concerned that the biological father has raised the child but doesn't want to be on the birth certificate.
All sounds a bit dodgy.

wherethewildrosesgrow · 09/10/2016 07:34

I'm wondering if his ex and the biological father could possibly have got the birth certificate changed already, would he need to be informed ? do his older children and the child in question know that's hes not the biological father ?

MostlyHet · 09/10/2016 07:34

As others have said it depends where you live. In England and Wales a watertight will should do the trick. In Scotland you cannot disinherit your spouse or children regardless of what your will says, I believe. Get advice from a RL solicitor.

SandyY2K · 09/10/2016 07:36

I suggest your husband states clearly in his will that 'Jenny' is not his biological child, which was proven by DNA and as such she has no claim to his estate.

Even though her birth certificate shows this (because it is assumed that the father of child born with marriage is the husband's), he later discovered he was not the father.

That should prevent the child trying to contest the will, which they could and that would cause a delay in the division of his estate.

Especially if he has other children with his Ex.

He should have insisted a new birth certificate was done on discovery, but from what you've said he's not fussed over it.

tribpot · 09/10/2016 07:43

I think his will needs to reflect his intentions - if he wants the other child to inherit a share of his estate, I guess that's up to him (although would be unusual if he hasn't been in her life as a parental figure, did she visit with the other two children when they came to see their dad?). If he doesn't, the paternity should be corrected.

ArcheryAnnie · 09/10/2016 08:01

Does the child and your DH consider themselves to be related, father/daughter, whatever a DNA test might say? You say the child was brought up separately anyway, but do they have any connection at all?

That seems to be the key thing here. Genetics is irrelevant.

meditrina · 09/10/2016 08:29

Assuming England/Wales: he is aware that the child is not biologically his, but DC is named as a child of the marriage in the birth certificate. He is also aware of this, but because he has nit repudiated the child then the child is legally his. So yes, if he dies intestate, this DC stands to inherit just as his other do.

Here's some info on rules of intestacy in E/W: www.citizensadvice.org.uk/relationships/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

If your DH does not want to repudiate this child formally, there is nothing that can be done.

If you think dependant children should be treated differently in his will than adult ones, then he needs to have this specified in it.

Doesntfitthemould · 09/10/2016 09:23

Has there been a DNA test?

mayhew · 09/10/2016 09:30

In England and Wales the husband at the time of birth is the legal father unless he or the biological father challenges this. It would be better to sort this out sooner than later.

Could your husband not do this in a non confrontational, lets tidy this up and give the child an accurate birth certificate way? It would be in all the parties interests. I would not want the "wrong" father on my birth certificate
,

Kr1stina · 09/10/2016 09:44

So your husband want to disinherit a child who he has brought up as his own for her whole life , just because he has no biological relationship to her?

So how will this work ? While he's alive he goes on treating Jenny and John as his children from his first marriage and Edward and Emma as his children from his second . Then when he dies, Jenny gets nothing.

Nice.

Hey Jenny, your parents have lied to you all their lives and now your father gives you the biggest slap in the face ever from the grave .

I'm sure John will always remember his dad fondly too, having watched his devastate his sister Hmm

SkySmiler · 09/10/2016 10:01

Er, read the the thread PROPERLY Kr1stina

Original poster
mum11970 · 09/10/2016 10:35

Kr1stina, the child has never been brought up by my dh. No one is being suddenly disinherited. It is purely a legal piece of paper with the wrong name on that has never been changed as everyone knows the facts of the situation so has never been an issue. It's only now we're getting older and a passing comment was made, that it's made me think.

OP posts:
SexTrainGlue · 09/10/2016 10:48

How do you know he's the 'wrong' father?

You say he was unaware of the affair, so must have also been having sex with his wife.

Let him deal with his DC himself, and if he decides (as he seems to be doing) that means all 3 of the DC of his first marriage are heirs, or might be left in a position where they might be able to apply for a variation, that is his decision.

You might not like it, but once you've said your piece to your DH, there's nothing you can do about it.

Doesntfitthemould · 09/10/2016 11:32

I'm sorry but if he's not bothered changing it now could it not be for a reason? Are you sure he's not the father?

UnmentionedElephantDildo · 09/10/2016 12:16

"Are you sure he's not the father?"

Knew nothing of affair + knows where babies come from = could be father

Caipira · 09/10/2016 12:25

Perhaps he found out about the affair because she got pregnant and they were no longer having a sexual relationship. If he's sure then I would logically conclude that there was a reason he has no doubts.

Yoarchie · 09/10/2016 12:25

Just to be clear, has there been a DNA test? If she was having sex with 2 men, how is it known 100% that the other man is the father?

In any case I think the answer is a carefully worded will as the solicitor suggests. Eg don't have references to "my children", instead have references to "David and Emily Smith" and "Evie and Jane Smith" and specially and explicitly exclude "Katie Jones".

UnmentionedElephantDildo · 09/10/2016 12:29

"Perhaps he found out about the affair because she got pregnant and they were no longer having a sexual relationship. If he's sure then I would logically conclude that there was a reason he has no doubts."

I don't think it can be. It says specifically in the opening post that he was unaware of the affair at the time of the birth. So must have believed he could be the father. And so might be.

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