If a married women has a baby via an affair what legal duties does the baby daddy have?

Just so I’m clear, the married lady (and her mother) in my OP seem really stoked about the prospect of having Simon Cowell’s baby. If the baby is carried to term and she is still married to the husband she is currently estranged from when it is born can the cuckolded husband assert paternity of that child?

Let’s assume part of his (the husband’s) motivation for doing it is to deny her the jackpot payday she is anticipating in being Cowell’s baby mama. Let’s also assume Cowell would not contest this assertion of paternity as he does not seem particularly enthralled to be in the middle of this scenario. Can his estranged wife legally prevent her husband from asserting paternity?

He can assert paternity, and she can make him get a DNA test.

Again, these presumptions of paternity happen when there are no disputes. If there’s a dispute, then we use Science to find out the father of the baby.

I suppose my question then comes down to, if cuckolded hubby is fully willing to be dad and purported bio-dad is not pressing his paternity rights in any way, shape or form, how much leverage does mom have to force assignment of paternity to the super-rich bio-dad?

Thanks to the thread title, I now have an old Percy Sledge song going through my head:

If a married women has a baby
via an affair
what legal duties
does the baby daddy have?

What if there’s a legal presumption that two different men are the father, and no one cares to dispute it?

If there are two presumed fathers then isn’t there an obvious dispute?

At the hospital, the staff will write the name of the woman’s husband on the birth certificate if no one says anything. I know when my children were born no one was asking who the biological father of the baby was or asked me to confirm that I was the father, I was just assumed to be the baby’s father.

It would depend on the exact way that a particular state’s laws were written. But generally whoever gets written on the birth certificate will become the legal father if no steps to dispute paternity are taken. So if a woman shows up at the hospital with her husband, but the baby’s father is potentially her ex-husband’s, then we use Science to determine the legal father of the baby. Or, the three adults involved decide who the legal father of the baby will be. If the three of them agree on a story, or passively go along with the story that everyone else is telling, then there is no dispute and the legal father of the baby will be whoever is asserted to be the father.

Again, the point is that hospitals do not do routine paternity tests before writing the name of the father on the birth certificate. They take your word for it. And society has no interest in prying into the details. We want babies to have legal fathers, so anyone who claims to be the father is good enough for us. We don’t care who the biological father is, we just want someone to raise this goddam baby. Now, we don’t assign paternity at random. But if your wife was fucking some other dude, and you don’t want to raise that other dude’s baby, it’s your lookout to make sure that doesn’t happen, we’re not going to bring it up unless you bring it up.

And we also have the concept of finality. The child’s parentage is not up for debate once it’s settled. The child’s parentage is not a biological matter, it is a legal matter. It is well established that children can be adopted. So you can’t adopt a child, and five years later demand a paternity test and when it comes back that the child isn’t genetically yours send the kid back to the orphanage. Same thing with the baby your wife had. That’s your baby, regardless of if you later find out that your wife fucked another dude. You do have a window to dispute paternity, just like you don’t have to adopt a child. But if you accept the child as yours then that’s permanent, regardless of biology. Excepting of course, the various ways that parents can lose parental rights for their children.

But note that generally even if you beat your kids or are in jail or do all kinds of horrible things you are still the legal parent of the child, and the child cannot be adopted without your consent. You can lose the right to have the child live with you, the kids might be in foster care while you’re in jail or in rehab or on the streets, but the kids can’t be adopted without your consent.

Is there? What if all three presumed parents are satisfied being legal parents of the child? Stranger things have happened. There’s a discrepancy between biology and the law, but that doesn’t make a legal dispute. As you point out later

So, is it possible to legally have two fathers (without adoption)?

Is that legally binding? The quoted law seems to define who the presumptive father is, and it doesn’t mention the name written on the birth certificate. Presumably the parents could stop the nurse from writing either man’s name by saying that it was not yet determined who the father was.

Totally. And I’m curious about a corner case of the law we’ve been given, which appears to allow multiple men to be the legal presumptive father. I do not dispute any of the totally reasonable actions that you’ve described that would be taken if the parents wanted to narrow down or specify who the real biological father was. I’m just wondering what happens if no one does those things.

In this case, it looks like Ohio doesn’t actually have a corner case:

In other words, the judge uses his brain. “Are you the father? Are you the father? Neither of you want to answer? OK, I’m ordering a DNA test. Bailiff, take a cheek swab from both of them. Court adjourned.”

As for putting your name on the birth certificate, no that isn’t legally binding. But if the man listed doesn’t take active steps to dispute paternity, he will pretty soon find himself declared the legal father of the child. And once you’re the legal father, you’re on the hook for the next 18 years whether you contributed the sperm or not.