ABA Family Legal Guide

Family Law

Children

Paternity

What may a husband legally do if his wife bears a child that is not his?

The law presumes that a married woman's child is her husband's. The husband must support the child unless he can prove in court that he is not the father. Some states presume the husband is the father and will not allow a husband to disprove paternity of a child born during the marriage. If a state does allow a husband to disprove paternity of a child born during the marriage, the law may set a certain time period after birth (such as two years) within which the husband must disprove paternity.