Can I complete my child’s birth certificate without my husband’s information and put my partner and biological father’s information?

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Can I complete my child’s birth certificate without my husband’s information and put my partner and biological father’s information?

I am a permanent resident of the US. I am no longer with my husband but we are not legally divorced. I am pregnant and living with my partner who is my child’s biological father. We have already completed a prenatal paternity test.

Asked on February 21, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, you can fill out whom ever's name on the birth certificate that you want.  It still does not change the fact that under the eyes of the law a child born during a marriage is considered to be the child of the marriage.  The presumption must be rebutted and you have taken that first step.  But you should consider divorcing prior to the birth of the child.  Just for legal reasons.  Good luck.


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