Read the following fact pattern and then answer the questions that follow:
Mary and Jack were dating for six years before they got married. Prior to their marriage, Mary gave birth to three children fathered by Jack. One year after their marriage, Jack and Mary separated. During their separation, Mary gave birth to a fourth child that was not the biological product of Jack. The parties and the children all reside in the state of Florida and have always done so.
Questions:
A. Pursuant to Florida Chapter 742, who may lawfully establish paternity to a child through legal action? Identify your legal authority and fully explain your response.
B. Are any or all of the children legitimate children within the eyes of the law? What
does Privette v. Dept. say about this situation? What is the legal status of each of the children?
C. If Mary and Jack reconcile and save their marriage, could the biological father of the fourth child sue Mary and Jack to establish paternity of that child?
