Establishing Paternity After a Long Separation
In North Dakota, the legal framework for establishing paternity is outlined in the North Dakota Century Code. The law provides several ways to establish paternity, even after a long separation between the parents.
Presumption of Paternity
According to North Dakota Century Code 14-20-10 (204), a man is presumed to be the father of a child if he and the mother were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation. This presumption applies even if the parents have been separated for a long period.
Adjudication of Paternity
In addition to the presumption of paternity, the North Dakota Century Code 14-20-07 (201) provides that the father-child relationship can be established by an adjudication of the man’s paternity. This means that a court can declare a man to be the legal father of a child, even after a long separation between the parents.
Assisted Reproduction
The North Dakota Century Code 14-20-07 (201) also states that the father-child relationship can be established if the man consented to assisted reproduction by a woman which resulted in the birth of the child. This provision applies regardless of the length of separation between the parents.
Disproving Paternity
However, it’s important to note that the North Dakota Century Code 14-20-64 (706) and 14-20-63 (705) provide certain limitations on the establishment of paternity. For instance, if a marriage is dissolved before the placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.
Furthermore, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless he commences a proceeding to adjudicate his paternity within two years after learning of the birth of the child and the court finds that he did not consent to the assisted reproduction, before or after the birth of the child.
In conclusion, while establishing paternity after a long separation can be complex, it is possible under North Dakota law. The specific circumstances of each case, including the length of the separation, the nature of the relationship between the parents, and the best interests of the child, will all be considered in determining paternity.