He's NOT the father Jamaica Observer In law, under the Status of Children Act, all the children of a married woman are presumed to be the children of her husband, so of course he would be on the birth certificates of the children his wife bore...
|Scooped by Ngozi Angeline Godwell|
Dear Mrs Macaulay,
My partner has just separated from his wife. They have three kids who bear his last name. However, he recently found out that the youngest one isn't his. His name is on the birth certificate. What can he do? Can he get her charged or fined?
Before I deal with the contents of your letter, I must clarify one point. You have described the just separated married man as 'my partner'. Well, he cannot be nor is he yet in any way 'your partner'. He is a married man and so he cannot be anyone's 'partner' until he becomes an unmarried man, in other words 'single'. You may have been his paramour if you and he had your relationship before he separated from his wife, and now you are his lover or companion or friend.
I have dealt with this so that you understand that despite the length of time you and he remain in your relationship, which you choose to describe as a partnership, you cannot and will not qualify as a 'spouse' in a common-law relationship, which, I am sure you know, is recognised in law. A relationship as a common-law spouse would entitle you to the rights of one, but as long as he remains a married man, though separated, you have no rights as a spouse.
You have not said how he found out the child wasn't his. Was it by rumour, in that someone told him so? Was it as a result of a DNA test? Was it a legally ordered test? Was it a test done with the agreement of his wife? Did his wife say so in the midst of a quarrel? Is it really a fact?