Biological father denied parenthood
Court rejects claim of biological father, over child born in an adulterous relationship.
The Family court rejected a paternity suit filed by the biological father.
Judge Robert Mangion heard how the man had a sexual relationship with a woman who was already married to someone else. The birth certificate presented at court stated the child was born in wedlock and was a legitimate child of the married couple.
However, the natural father had secretly carried out DNA tests, with the mother not being aware of these. The man claiming parenthood suspected the child was his after he had an adulterous relationship with the woman while she was married. The two had kept in contact once the affair was over. The results proved the child was not the offspring of the woman's husband.
The judge said the child himself could contest his status as he was born in marriage and possessed the status of a legitimate child. Furthermore, the husband had maintained and educated the child and treated the child as his own. The husband had acknowledged paternity and the whole family considered him to be the father's child.
After the woman settled the dispute with her husband, he still considered his child as his offspring.
Consequently Judge Robert Mangion threw out the claim and stated the court will not deprive the child of legitimate status nor of the family in which he was raised. Albeit proving his biological parenthood, the claimant failed to bring evidence that the child was not raised as a legitimate child.
