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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 Texas, 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 unborn child. Texas law adheres to the marital paternity presumption, which means that a child born during a marriage or within 300 days after the marriage ends—whether by divorce, death, or annulment—is legally presumed to be the child of the husband. This presumption is codified in the Texas Family Code. The court may address issues related to the child's paternity, support, and custody as part of the divorce proceedings. It is important for individuals going through a divorce in Texas to consider these factors and, if necessary, seek the guidance of an attorney to ensure that the rights and responsibilities concerning the unborn child are properly addressed in the divorce decree.

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