Under current law, a child born during marriage is presumed to be the biological child of the mother’s husband.  One of my constituents who had engaged in sexual relations with a married woman was denied the right to a paternity test after presenting indisputable evidence that he engaged in sexual relations with the mother during the time her child was likely conceived.  The court reasoned, in part, that because the child’s mother and her husband were not separated at the time of the child’s birth, the husband was listed on the child’s birth certificate as the father, the husband attended prenatal appointments, and the husband had been raising the child as his own, my constituent could not overcome the presumption of paternity and was not, therefore, entitled to a paternity test. 
 
In the near future, I intend to introduce legislation to provide that the presumption of legitimacy of a child born during wedlock can be overcome if the court finds that the mother of the child was engaged in sexual relations with more than one man during the time the child was likely conceived.  While this presumption of paternity has historically served to protect the legal and social stability of families, it has proven problematic when biological reality conflicts with legal assumptions.  Advances in genetic testing make it relatively easy to establish paternity with a high degree of precision and certainty.  Overcoming the presumption of legitimacy in cases where there is evidence of multiple sexual partners during the period of conception ensures that parentage is based on facts rather than assumptions. 
 
I believe that a child’s biological father has a right to be involved in the child’s life and to fulfill his legal obligations even though he may not be married to the child’s mother.  The inconvenience of a child being conceived out of wedlock should not serve as a deterrent to any paternity determination. 
 
Please join me in cosponsoring this important piece of legislation.