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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need some advice, somebody I know got pregnant at the age

Customer Question

I need some advice, somebody I know got pregnant at the age of 15 & the babies father is 20. The girl lied about her age, but now DHR is involved and is investigating. They have no proof of who the father is though. But if they get proof what can happen? Can this be avoided by marriage? The guy really wants to be there for the girl and the baby. He also knows and understands that the girl and baby are going to need help. We have all been doing research and they can marry in Tennessee, but is this the way to go?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

While a pre-natal DNA test is possible, she would have to consent to it. Without a DNA test, the DA would not know 100% if the baby is the father's or not, but they only need prima facie (on the face, at first glance) evidence to bring a criminal charge, so the simple suspicion may be enough.

Age of consent in TN is 18. There is a close age exception of a 13 year old who can consent to sex with someone who is less than 4 years older. However, if she was 15 and he was 20, then the close age exemption does not apply.

As such, if father impregnated mother, then by that very fact, he can be charged criminally. DHR will do an investigation on the alleged abuse of the female by the male.

If she turn 16, and can get married to the father (she would need her parents' consent), then it is much less likely that he would be criminally charged. There is really no other way to minimize his criminal culpability. He would technically still possibly be criminally liable, however, the DA is less likely to charge him if they are married.

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Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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