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Legal father: husband or biological father?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
If a married woman got pregnant from someone else with her wish. Then who will be the father of baby? While she lives with her husband, will husband name carry with baby or that person name will be used from which woman got pregnant? Please tell me.

بسم الله الرحمن الرحيم

(Fatwa: 409/361/H=3/1439)

It is haram to charge someone with adultery without a Shariah proof. However, if a woman becomes pregnant from someone else this is too haram and grave sin. However, if it happens then too the child shall belong to her husband i.e. his lineage shall belong to the husband and the child shall neither belong to the person nor he (other person) shall be the child’s father.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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