Q: Can I adopt my biological daughter at her birth?
My girlfriend is pregnant with my child.. She plans to go back to her husband because she is still holding a conditional green card. She wants to put her husband's name on my child. I refuse to have my daughter carry the name of a wife beater.
A:
I am not a family law attorney licensed in Virginia.
However, even generally, a spouse giving birth to the child while married to her husband creates a legal assumption that the biological child born during that marriage is theirs.
Thus, can that female place the name of the current husband on the child's birth certificate? Yes.
Unless, you initiate a court action, obtain a judge's order for paternity test, complete paternity test, and then assert and legally obtain your right as a biological father of that born child.
Until that time, you are not even considered a father of that child.
1 user found this answer helpful
A:
You are correct that when a married woman conceives a child the child is presumed to be her husband's child.
You do not need to adopt your biological child. You need to establish paternity.
Stephen Arnold Black agrees with this answer
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