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Proposed Bill Intended To Help Protect Paternity Rights For Some

On behalf of Tasha K. Schaffner of Schaffner Family Law posted in paternity on Thursday, April 5, 2018.

The advances that have been made in medical science enable those who were previously unable to have children to try other options. In Vitro fertilization has allowed many who struggle with infertility to have a baby, and, as a result, existing laws regarding paternity rights have been updated in some states, including Kentucky. There are still certain situations that may make establishing or protecting those rights more challenging.

A lawmaker in one state is attempting to update one of his state’s statutes regarding the ability to protect paternity rights once they have been granted. The circumstances that prompted his efforts pertain to a man who is fighting to have his rights to a child of a former girlfriend’s protected in spite of her wishes to block him from her son’s life. According to the information provided by the congressman, the man for whom the bill was purportedly written is not the biological parent of the child in question.

The man fighting for his paternity rights was in a long-term relationship with the child’s mother. According to his account, due to his infertility, they jointly decided to have a child through the use of an anonymous sperm donor and In Vitro insemination. Purportedly, by mutual consent, the man was named as the child’s father on the birth certificate, and his surname was given to the baby.

The relationship was later terminated, and the mother has denied the man access to her child by alleging that he was abusive to her. Though the new bill is purportedly meant to protect this man’s paternity rights, the mother’s attorney states that it does no such thing, and since the man is not the child’s biological parent, the bill does not apply. Kentucky has measures in place that are meant to provide an acknowledged father’s rights in these scenarios. Residents who are unsure of how these laws apply to their situations may benefit from seeking assistance from an experienced family law attorney.

Source:, “Measure would make it harder to challenge a father’s paternity rights in Louisiana“, Jessica Williams, March 19, 2018

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