unluckyinlove said:
What is the name of your state? California
My wife and have been spereated since august. My question/rights is what if she is dating and gets pregnant during this seperation, am i responsable at all.
My response:
Only if you and she start living together again, and the child is conceived while so living together - - not necessarily by you. If that were to happen, California "presumes" you to be the father - - unless you are impotent or sterile. Subject to Ca Fam § 7541 (expert conclusions based on blood tests showing otherwise), the child of a wife cohabiting at time of conception with her husband, who is not impotent or sterile, is "conclusively" presumed to be a child of the marriage. [Ca Fam § 7540; see Michael H. v. Gerald D. (1989) 491 U.S. 110, 129-130, 109 S.Ct. 2333, 2345 - - upholding presumption's facial constitutionality; compare Dawn D. v. Super.Ct. (Jerry K.) (1998) 17 Cal.4th 932, 935, 72 Cal.Rptr.2d 871, 872--§ 7540 presumption inapplicable where spouses not cohabiting--i.e., living together as husband and wife--at time of conception]
IAAL
