Originally Posted by
petesgirl
Oh, and I have a question-- the baby has his last name. Since they were legally married when she was born, then does that make the baby legally his even though it isn't biologically his?
As others have said, it varies from state to state. My mother's last husband married a chick who was pregnant with someone else's kid, and they gave that child the husband's last name, but biological father was listed on the birth certificate and had to pay child support. However, I'd guess *most* people aren't going to do that, which means if (when) this marriage potentially goes south, your brother may likely be on the hook for child support for the next 18 years. I recall my brother (not married to the mother) signing a "affidavit of paternity" for his daughter without ever having a blood test... and both he and the baby mama were swingers. There's *no* doubt the child was his--holy cow, sometimes I think she was cloned from my brother as she gets older! But, at the time, she looked like a normal, cookie-cutter, old man baby. There was no distinguishing features that "proved" parentage. I believe that many states have an "assumed parentage" statute, where it basically says, "if you are married, you are the father unless you prove otherwise in x amount of time."
--Mimi
Mom to Lala (2004), Bonus Mom to Big Sis 1 (1991) and Big Sis 2 (1992)
Grammy to Big Kindy Kid (2011), Big Pre-K Kid (2012),
Grandbaby Appendage (2014), and New Baby Grandboy (summer 2017)