Illegitimacy Issues of Paternity

Austin, TX (PressExposure) July 16, 2008 -- In law, Paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.

Under common law, a child born to the wife during a marriage is usually presumed to be the husband's child. This concept is the "presumption of lawful paternity", and assigns to the husband complete rights, duties and obligations as to the child. Learn more of this with the Austin paternity.

Where paternity of the child is in question, a party may ask the court to determine paternity of one or several possible fathers, called putative fathers, based initially upon sworn statements and then upon testimony or other evidence.

A successful application to the court results in an order assigning paternity to a specific man, possibly including support responsibility and/or visitation rights.

In some jurisdictions courts have also declared a man who acts as the child's father to be the father with all of the rights and obligations of parenthood.

A child born to the husband and wife prior to the marriage may or may not shed any remaining legal disabilities of illegitimacy.

In common law, legitimacy is the status of a child that is born to parents who are legally married to one another, or that is born shortly after the parents' marriage ends through divorce. The opposite of legitimacy is the status of being "illegitimate", born to a woman and a man who are not married to one another. Learn more of this with the Austin paternity.

Despite the decreasing legal relevance of illegitimacy, an important exception may be found in the nationality laws of many countries, which discriminate against illegitimate children in the application of “jus sanguinis”, particularly in cases where the child's connection to the country lies only through the father.

Another exception is that children born via sperm donor are generally not considered legally entitled to a father unless their mother is married to a man who consents to their conception.

Children born from donor sperm are considered to be not related at all to their genetic father, and courts generally regard donor-conceived children to have no legal rights of support from parents except for the support that parents agree to supply. For more information about this, then visit the Austin paternity for details.

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Press Release Submitted On: July 16, 2008 at 3:50 am
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