Can third party request paternity test?

Question: My wife had an affair and is now pregnant. We are unsure who the father is. We have/want to stay together and keep custody of the child despite paternity. What rights do I have to the child because she is my wife? What rights does the third party have if the child is his. Can the third party demand a paternity test?

Answer: Under the Uniform Parentage Act, which is in effect in all states as far as I know, there is a "presumption" in law that the child is yours because you are married to the mother. Thus, if nobody ever challenges it, you are presumed to be the father. However, if the third party shows up and files a paternity suit against your wife and you, he can indeed demand a paternity test under the UPA and can establish legal paternity and all that goes with it (visitation, etc). States are allowed to place things like time limits on this.

Return to Search Page