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 Oregon, 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. Oregon law adheres to the marital paternity presumption, which means that a child born during a marriage or within a certain period after the marriage ends is presumed to be the child of the married couple. This presumption typically extends to 300 days after the termination of the marriage. This legal presumption is intended to protect the child's welfare and ensure that the child has legal parents responsible for their support. The marital paternity presumption can be found in Oregon's statutes under family or domestic relations law and is also supported by the state's common law as established through court decisions.