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If a spouse is pregnant during the divorce process the court may make orders for how health care costs will be paid and health insurance provided for the mother and child. In most states a child born during marriage or for some prescribed period following termination of the marriage or cohabitation (living together)—300 days, for example—is presumed to be the child of the spouses or cohabiting persons. This is known as the marital paternity presumption and is usually located in a state’s statutes (family code or domestic relations code) or in its court opinions (common law).

In Minnesota, if a spouse is pregnant during the divorce process, the court has the authority to issue orders regarding the payment of healthcare costs and the provision of health insurance for both the mother and the child. Under Minnesota law, there is a marital paternity presumption which means that a child born during a marriage or within 280 days after the marriage has ended (through divorce or death) is presumed to be the child of the married individuals. This presumption is codified in Minnesota Statutes, specifically in the section dealing with parentage and domestic relations. The presumption can be rebutted by clear and convincing evidence that the husband is not the father. The court's decisions regarding the child's welfare, including healthcare and insurance, will be guided by the best interests of the child standard, which is a central principle in Minnesota's family law.

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Divorce

pregnancy

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Minnesota State Code

Minnesota State Code

Divorce

pregnancy

Articles