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-   -   Had an affair with a married man and got pregnant. Can his wife request a dna test? (http://www.askmehelpdesk.com/family-law/had-affair-married-man-got-pregnant-can-his-wife-request-dna-test-769082.html)

  • Sep 27, 2013, 08:26 PM
    airgirl0725
    Had an affair with a married man and got pregnant. Can his wife request a dna test?
    So I had an affair with a married guy and I got pregnant. I don't know if it is his or my husband. My husband is on the birth certificate. My question is can his wife request a court order paternity test or does he have to do it? I live in Oklahoma.
  • Sep 28, 2013, 04:20 AM
    Fr_Chuck
    Since you are married, your husband is the legal husband.

    Your husband deserves to know the truth of whose child it is.

    Your husband or the bio father may file suit for DNA tests.

    The bio father's wife has no rights, but to be frank, if she wants one, she can easily force her husband to ask for one
  • Sep 28, 2013, 04:57 AM
    AK lawyer
    Quote:

    Originally Posted by Fr_Chuck View Post
    ...
    The bio father's wife has no rights, but to be frank, if she wants one, she can easily force her husband to ask for one

    But it's hard to say whether her husband has standing to get a court to order testing.

    Chances are the question has not been raised yet, and in Oklahoma, and at the appellate level. So a judge deciding the issue may not have any precident for guidance.

    If I were such a judge, I would say no. The husband has no legal reason to sue.
  • Sep 28, 2013, 07:07 AM
    ScottGem
    No, the wife of the man has no legal standing. However, under OK law:

    Title 10. — Children :: 2006 Oklahoma Code :: Oklahoma Code :: US Codes and Statutes :: US Law :: Justia

    The "putatative" father has 2 years to challenge paternity.
  • Sep 28, 2013, 07:58 AM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    No, the wife of the man has no legal standing. However, under OK law:

    Title 10. — Children :: 2006 Oklahoma Code :: Oklahoma Code :: US Codes and Statutes :: US Law :: Justia

    The "putatative" father has 2 years to challenge paternity.

    This is a statute of limitations, but I don't believe it grants a "putative father" standing. He could, I suppose, sue for visitation or custody. I also note that the term "putative father" doesn't appear to be defined for purposes of this SOL. If Oklahoma has a putative father registry, the definition there would probably apply.

    But in conclusion, if the wife feels strongly enough about this, it's probably going to be expensive to litigate.
  • Sep 28, 2013, 08:53 AM
    ScottGem
    I disagree. That was just one clause. Title 10, especially section 7700, deals with the subject of paternity. When taken as a whole, I think it does allow for someone who believes he is the father, to challenge the presumption of paternity. The deck is clearly stacked towards the presumptive father and I agree, if the wife of the other man wants him to pursue, it will be difficult and expensive.

    But just as clearly, only the potential father can bring a cause of action. From what I read, the courts will need proof of the possibility of that paternity before ordering any tests.

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