Man could bring paternity claim against married woman

A man can sue to establish that he’s the father of a child born to a married woman with whom he had an affair, the Kentucky Supreme Court recently ruled.

The mother had stopped the affair when she learned that she was pregnant. Shortly after the child’s birth, genetic testing revealed that the man was actually the father.

When the man sued to establish his paternity, the mother argued that under state law, such a suit could be brought only if a child was born out of wedlock.

But the court ruled that the child in this case was in fact born “out of wedlock,” since the mother wasn’t married to the child’s biological father at the time of conception.

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