Q: Hi during my marriage I had an affair which lead to a baby.. I was aware who the dad was but was afraid to tell my husband now everything is out..and all of us know who’s the real dad.. is it neccessary for the courts to do a DNA.. we have proof ..evidence and we did our own DNA.. my husband is signing off his rights because he know he’s not the Dad.. and the biological dad wants he’s rights we have our next court day in 2 weeks.. I hope this is our last one we been going to court since march… ..
A: David’s Answer: If the child was born during the marriage, then the court must hold a hearing to overcome the “presumption of legitimacy.” The Court may even need to assign an attorney to represent the child. Schedule a consult with a Bronx Adoptions attorney for a full assessment.