If a husband can't give his wife child and the wife decides to try it with another, Is the child illegitimate?

Question

Let's say husband approves of his wife just sleeping with another man to have a child.

Answer 1

wtf.....................r u crazy.......................

Answer 2

She's married.  It's considered his by law if she has it while married...he can always dispute it...

Answer 3

No, not if the sperm donor relinquishes all parental rights and the husband legally adopts the child.  Also, the baby can immediately be given the husband's last name at birth... there is absolutely no legal reason why you can not give your child whatever last name you want, so definately best to go with the husband's....less confusion down the line.  I'd be careful about the "try it with another" notion though.... that sounds like there is a chance that the bio dad could choose to keep his parental rights and demand visitation...even custody!  The best bet is to use a legitimate sperm bank, where the donors already have given up all rights to their donated sperm.  Then I believe there would be no need for a legal adoption... so long as the husband never contested paternity down the line in a divorce or something.

Answer 4

I think it depends on how the wife goes about it. Is she just sleeping with another man? If so, the child will be illegitimate. If she goes to a sperm bank, then she should be fine...

Answer 5

Well, there are plenty of other ways to go about it, like a sperm bank instead of actually having s*x with another man!