The expectation of a new baby into the family is usually a joyous occasion for the parents and extended family members. Unfortunately, unexpected circumstances can hinder the joyous occasion. One woman’s first weeks with her newborn have been emotional and stressful. She has requested a New York court for the permission to test her dead husband’s DNA to prove his paternity of her daughter before he is buried.

The woman and her deceased husband were married approximately two years ago in a religious wedding ceremony. Although they never applied for a marriage license through the state, she does have a video of their wedding ceremony. The woman was pregnant with her daughter when her husband unexpectedly died in a fatal skiing accident.

The woman gave birth to her daughter a week after her husband was killed. She claims that her husband’s family has not acknowledged she has any marital rights to his estate or that her daughter might be his child. She not only fears that her daughter will not have rights to any Social Security benefits, but she states that her husband’s family took all of his belongings, which she considered shared possessions with her husband prior to his death. Her husband’s family is planning to transport him to their home country for burial, and she is requesting the DNA test be performed on his corpse prior to leaving the country.

Apparently, the woman was financially supported by her husband while she was pregnant as she was required to be on bed rest. She likely is unsure of how to financially provide for her newborn daughter, but if she can prove paternity, her daughter is likely eligible for some financial benefits. When the paternity of a child has to be determined, it is most often a sensitive subject between a couple or family. New York family law attorneys can assist parents through the complicated situation and advocate for the child’s financial rights when necessary.

Source: New York Post, “Woman wants late husband’s DNA to prove kid’s paternity“, Kathianne Boniello, Oct. 7, 2017