My friend is considering a marriage of convenience with another women, as both will gain a sizeable discount from their 'spouses' place of employment if married, in addition to sharing health insurance. There is no romantic relationship, no intent to co-mingle assets or live together, and a plan to get divorced in 4-5 years once they no longer gain a benefit from the marriage. I'm looking to understand any and all legal implications and risks which could affect my friend.

My friend already has a daughter and would likely have another child, conceived using a sperm donor, while 'married'. She is located, and would be married, in Maryland.

As I understand Maryland law the wife would be a presumed parent, with both visitation rights and obligation to pay child support, in this case? Is there any means at all for my friend to prevent or avoid the likelihood of presumed parentage causing her a problem in a marriage of convenience?

In addition are there any other legal risks or complications my friend should be aware of before deciding rather to get married in such a manner?


1 Answer 1


Hard to ignore the rather grotesque notion of planning ahead to have a child but avoid "presumed parentage" (my first question would be, why even have the kid?)... but "your friend" should really talk to an attorney and not even because of the piddly reasons you laid out in your question, but to further inquire as to how much liability for fraud she would expose herself to under such a scheme

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    You apparently misunderstood the “presumed parentage” thing (the biological mother wants to be a parent). Ignoring that, this doesn’t seem to answer the question.
    – chirlu
    Nov 25, 2017 at 5:04
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    I'd like to see how you reach that definitive conclusion.
    – A.fm.
    Nov 25, 2017 at 5:07
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    What, exactly, would be fraudulent about this, though? Do you have any citations?
    – Stackstuck
    Nov 25, 2017 at 9:17
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    @A.fm. Then explain what makes it fraudulent. You haven't cited anything.
    – Stackstuck
    Nov 28, 2017 at 16:30
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    What makes. The marriage. Fraudulent. You haven't. Explained that. There are no. Citations. @A.fm.
    – Stackstuck
    Nov 29, 2017 at 9:31

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