The circumstances under which DNA testing is ordered, however, tend to be fact-dependent and differ according to the circumstances.
DNA testing is a widely available mechanism for definitively proving parentage of a child. There are different tactics that a man can take if he either suspects or knows that a child born during his marriage is not his biological child. The scenarios described above, and many more similar to those scenarios, result in complex legal cases that can involve divorce, paternity, custody, visitation, and support issues, among others. It is complicated, and it is an extremely critical issue to resolve properly. No hyperbole presented in this bit of advice. If you are the biological father trying to legitimate, the mother trying to either defend against the biological father becoming the legal father, or trying to make the biological father the legal father, or you are the husband, obtain legal help immediately. What the Supreme Court held was that even if, without a shadow of the doubt the husband is not the father of the child, the husband can still claim the child as his own, and defeat any parental rights claims of the biological father on the other hand, the husband can allow a paternity or legitimation case to proceed forward, so that he is legally not considered the legal father. Shaw handled a case a few years ago that made its way to the Georgia Supreme Court. If these are the circumstances in your case, you cannot simply sit on the issue. You must take steps, either in the divorce, or otherwise, to remedy this circumstance, because under Georgia law, any child born to the wife during marriage is presumed to be the husband’s child. DNA testing, by itself is irrelevant. This issue must be legally addressed immediately. In these cases, it may not be totally clear which man is legally responsible for and has parental rights to the child. A husband and wife may be separated for a significant period of time, but not divorced, when the wife moves on to a new relationship and becomes pregnant.
A wife may have an affair during her marriage that results in the birth of a child. But what happens when the child is actually another man’s biological child? This situation arises more often than you might think. If a child is born during marriage, it is presumed that the husband is the biological father of the child.
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