10-26-2011, 05:11 PM
There is some discussion on another board I frequent about the legal status of the paternity of Lisa Irwin. According to Missouri state law, there is a distinction between a "legal" and "biological" parent.
Most paternity actions involve a child born out of wedlock. Paternity actions also occur between married persons where someone other than the Husband is the Father of the child, or where the Husband has fathered a child outside his marriage. There is a presumption that a child born to a married woman is the child of the husband. However, this presumption can be overcome by DNA and other evidence. In some states, the Mother and Husband can sign an "Affidavit of Denial of Paternity" where both agree that the Husband is not the Father of the child.
Generally, if the Mother was married any time in the ten-month period before the baby is born or when the baby is born, the Husband is presumed to be the child's legal father in virtually all States. In this situation, the voluntary process to establish paternity for the biological Father can only be used if the Husband gives written consent to another man being declared as the Father. If the husband will not consent, court action may be necessary to establish paternity. If the Husband cannot be located after reasonable effort, paternity may be established without his consent.
I am not sure what this may or may not have to do with this case. However if Sean Bradley hasn't signed a "denial of paternity", given written consent to Jeremy being declared as the Father, or if Deborah hasn't tried to locate him to sign the paperwork, Sean is the legal father of Lisa Irwin.
(They would also have to provide DNA testing proving Jeremy is the biological father before any actions could be taken.) Contrary to popular belief, Jeremy's name on the birth certificate or Lisa being given the last name of Irwin are not indicators of legal paternity since Deborah was (and currently is) married to Sean Bradley.
Most paternity actions involve a child born out of wedlock. Paternity actions also occur between married persons where someone other than the Husband is the Father of the child, or where the Husband has fathered a child outside his marriage. There is a presumption that a child born to a married woman is the child of the husband. However, this presumption can be overcome by DNA and other evidence. In some states, the Mother and Husband can sign an "Affidavit of Denial of Paternity" where both agree that the Husband is not the Father of the child.
Generally, if the Mother was married any time in the ten-month period before the baby is born or when the baby is born, the Husband is presumed to be the child's legal father in virtually all States. In this situation, the voluntary process to establish paternity for the biological Father can only be used if the Husband gives written consent to another man being declared as the Father. If the husband will not consent, court action may be necessary to establish paternity. If the Husband cannot be located after reasonable effort, paternity may be established without his consent.
I am not sure what this may or may not have to do with this case. However if Sean Bradley hasn't signed a "denial of paternity", given written consent to Jeremy being declared as the Father, or if Deborah hasn't tried to locate him to sign the paperwork, Sean is the legal father of Lisa Irwin.
(They would also have to provide DNA testing proving Jeremy is the biological father before any actions could be taken.) Contrary to popular belief, Jeremy's name on the birth certificate or Lisa being given the last name of Irwin are not indicators of legal paternity since Deborah was (and currently is) married to Sean Bradley.