Establishing Paternity of a Child born During a Marriage

So what happens when a couple is married but the wife becomes pregnant by another man?  When a child is conceived during a marriage - even if the divorce is finalized prior to the birth - the husband, not the biological father, is considered to be the legal father of the child.  This has far reaching effects.One of the more emotional issues comes out first - while still at the hospital, after the child is born, the mother finds out she cannot list the biological father on the child's birth certificate as the father.Second, the husband is the "legal father" and will be legally responsible to provide financial support to the mother for the child.Third, the child will inherit from the husband - not the biological father - and the husband will inherit from the child in the event of one of their deaths.So what can be done?  The legal process to establish paternity in South Carolina is somewhat tedious.  It requires a lawsuit to be filed in Family Court with the mother, legal father and the assumed biological father as parties.  SC Code §63-17-10(E) requires a Guardian ad Litem to be appointed to represent the child.  Paternity can be established by providing evidence of genetic testing, a signed voluntary acknowledgement of paternity, or a birth certificate signed by the mother and the putative father.  The Court can even go as far as "viewing" the child looking for evidence of physical features that might help identify the father.Upon reaching a determination of paternity, the Family Court can order that the biological father be listed on the child's birth certificate, order the biological father to be responsible for financial support for the child, and can free the original legal father from any further legal responsibility for the child.