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madttaz1 · Dec 30, 2007, 06:46 PM

Hello I am 7 1/2 months pregnant me and my ex broke up and he then moved on and was engaged he has since then denied this being his child so we have been waiting the birth to prove it in a dna test he has recently passed away and the family denys this as his child how can I prove this to be his child and what legal rights do I have please help

Fr_Chuck · Dec 30, 2007, 07:21 PM

I am first sorry for the loss, sad that in less than 8 months he could leave you and find someone else to marry. But in the end, did he have a large estate where your child could file a claim to in probate court, If so the court may allow an attorney to be appopinted to represent the child's interest. ( depends on your area)
But it will be worth your time to talk with a local attorney on other rights they may be entitled to, and theproving of his paternity at this point

ScottGem · Dec 30, 2007, 07:29 PM

You have the right to petition a court to have his DNA preserved so it can be tested. If he is the father, then your child has a claim against his estate.

You will need an attorney to help you enforce those rights.

macksmom · Dec 31, 2007, 08:22 AM

You need to get with an attorney asap to make sure, as Scott said, that DNA is preserved so you can have a paternity test done when the baby is born.

My friend was pregnant with twins when the father passed away. She had his DNA ordered to be preserved and had a paternity test done when the twins were born. She gets child support for both girls from the state, or social security (I forget what she told me exactly).

bushg · Dec 31, 2007, 08:32 AM

My cousin committed suicide, his girlfriend was boken up with him at the time. She announced a little later that she was pregnant. My aunt was the one to provide DNA for the test. The mother is receiving social security benefits for the child now.

wayne0418 · Dec 31, 2007, 08:36 AM

I am really sorry for you. If you can't get a dna test from the fathe ryou probably can from his mouther and father. I hate to say it but you need a lawyer. Remember to love yourself and the babie in this time. Put together an album of the father, not just pictures but write about the stories you had together. Involve his family in the unborn child's life. Send them a picture of the ultrue sound. Maybe name the baby afterhim or his mom. What is it you want. To forget of the past for a clean start or to grow you and your babies family.
Know you are loved
Know you are smart
Know you are beautiful
I hope you are happy