PRESUMPTION OF PATERNITY

The May 28, 2012 issue of “US” magazine announced that Drew Barrymore, five months pregnant, is about to marry Will Kopelman. If the couple separates after they are married but before the baby is born, who is the legal father? In Louisiana, the husband of the mother is presumed to be the father of a child born during the marriage or within 300 days from the date of the termination of the marriage. In our example, Mr. Kopelman would be the baby’s presumptive father. The presumptive father can disavow paternity of the child, but only “by clear and convincing evidence”.