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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 Pennsylvania, 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 the mother and the unborn child. Under Pennsylvania law, there is a presumption that a child conceived or born during a marriage is the child of the married couple. This presumption is known as the marital paternity presumption. The presumption can be rebutted by clear and convincing evidence to the contrary. If the child is born within 300 days after the end of the marriage, the ex-spouse is presumed to be the legal parent of the child. This presumption is intended to ensure the child's welfare and to provide for the child's needs. The court's primary concern in any matter involving children is the best interests of the child, which includes considerations of healthcare and insurance coverage.

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Divorce

pregnancy

Individual & Family Legal Plan

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Pennsylvania State Code

Pennsylvania State Code

Divorce

pregnancy

Articles