Affidavit of Wife Denying Husband is Father of Child

Affidavits are used to acknowledge the paternity of the child at large. However, there are many situations when the husband or wife can use the affidavit to deny the paternity of the child. As a matter of fact, the mother of the child can tell who the father of the child is. Similarly, she is also given the right to deny the paternity of the child for the person who is claiming to be the father of the child.

What is an affidavit of wife denying the paternity?

This type of affidavit includes a sworn statement according to which the mother of the child claims that the person who is claiming to be the father of the child is not his father. Using this type of paternity, a mother can very easily stop the establishment of paternity. This type of affidavit is important because of two reasons:

  1. It is the right of the child to know about his real biological father
  2. It is the right of the real father to be entitled to the paternity of the child

In general, the child born to a married couple does not need any affidavit to know about paternity. The husband is regarded as the father of the child and the mother is regarded as the mother of the child. However, is not necessary that the husband is always the father of the child.

Establishing paternity is very important because of many reasons. This enables the father to know if he can establish a relationship with the child or not. When paternity is established, the child gets financial support from his father. If the relationship between the husband and wife is normal and stable, the husband is deemed as the father of the child. However, in some cases, the husband is not the father of the child. In that situation, she can sign the affidavit for denying paternity.

How to prepare the affidavit denying the paternity of the father?

Just like any other affidavit, this affidavit also comes with different complexities. There are several details in the affidavit that are very complex, and it is very important for the mother to address all the details no matter they are simple or complex.

In what situation the wife can deny the paternity of the husband?

Any mother who wants to deny the paternity should write the affidavit, sign it, and then get it notarized. For this purpose, she can get the assistance of the legal prosecutor. The legal prosecutor generally knows better about the details of paternity and he can help the mother of the child to deny paternity.

What is the advantage of using the affidavit for denying the paternity?

When the mother uses this affidavit, the court orders the hospital to conduct the DNA of the person whose paternity is being denied. If the DNA test result supports the mother’s denial, the court rejects the paternity of the husband.

Sample Affidavit

To whom it may concern

My name is Karolina, a resident of Park lane street, Sydney, Australia. I am writing this letter to the concerned authorities in response to the complaint registered by my ex-husband, George, in which he has made a claim to be the father of my child, named Angelina.

Through this letter, it is hereby stated by me in the state of full consciousness that Mr. George, my ex-husband, is not the father of my female child, named Angelina, aged 6 months. I gave birth to that female child in Social Welfare Hospital, Sydney, Australia. Hence, I am denying the right of the paternity of my ex-husband for the said child.

It is further clarified to the concerned authorities that I remained in relation to George as his wife for 10 months and for some reason, he divorced me. At that time, I was pregnant and expecting the baby. Soon after this incident, I went into a state of depression, and one day, during a monthly medical check-up, my consultant informed me about the poor development and growth of the baby, and therefore, I had to get aborted on the very next day. The hospital discharge slip is also attached herewith.

Mr. Richards, my current husband, came into my life soon after these incidents and we got married to each other. In the light of the above-mentioned statements, it is obvious that the right of paternity for the said child belongs to my current husband, Richards and, my ex-husband George has no right of paternity for Angelina since he is not the biological father of the said child.



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