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Papa's BabyPaternity and Artificial Insemination$
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Browne C. Lewis

Print publication date: 2012

Print ISBN-13: 9780814738481

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814738481.001.0001

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(p.21) 1 The Cuckolded Man

(p.21) 1 The Cuckolded Man

(p.21) 1 The Cuckolded Man
Papa's Baby

Browne C. Lewis

NYU Press

This chapter deals with the paternity of the cuckolded husband. It evaluates situations where a wife has an affair with another man and gets pregnant with his child. It provides a historical overview of the marital presumption doctrine, which presumes that the husband is the legal father of children conceived during marriage. The man who donated the sperm by having sex with the married woman had no standing to challenge her husband's paternity. The chapter also discusses changes to the marital presumption doctrine. Initially, it was difficult for the woman's husband to rebut the presumption of paternity because he was permitted to challenge his paternity only under very limited circumstances. Eventually, the courts relaxed the evidentiary rules, and the woman, her husband, and the biological father were allowed to challenge the husband's paternity. Recently, some jurisdictions are again making it hard to challenge the husband's paternity. In those jurisdictions, the traditional presumption rule has been replaced with the “best interests of the child” marital presumption. Under this rule, the husband can rebut the presumption only if it is in the best interests of the child to do so.

Keywords:   marriage, infidelity, husbands, wives, children, marital presumption, paternity

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