Reply #191: My understanding is that in most states there is a

[GumboYaYa]

presumption of paternity only in the case of children born into a marriage. Otherwise the mother must prove paternity to seek support.

We are not talking about your situation here. We are talking about married couples. People chose to avail themselves of a set of laws when they get married, including the laws of child support and the presumption of paternity. Absent a prenuptial agreement there is no such thing as an actual contract of marrriage. Nowhere is there any agreement not to have children by anyone else other than the committment between the spouses.. The "marriage contract" as people refer to it is actually the set of supplative state laws that define the rights and obligation of married people. It is this set of rights and obligations that gays aspire to access.

When one choses to marry he accept all of those laws except as may be deviated by a prenuptial agreement signed by the couple. I presume that one could agree in a prenup that the husband would not have any support obligations for children of other men. Absent that agreement, one does in fact agree to pay for the children of others born into the marriage.

I acknowledge taht there is some fundamental unfairness here. It is a policy decision that choses the inttereste of the child over the rights of the husband. I agree with that choice b/c the husband chose to get married but the child did not choose to be born.