If I’m currently married but have been separated for over a year and am now pregnant with my boyfriend’s child, does my boyfriend’s last name go on birth certificate?

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If I’m currently married but have been separated for over a year and am now pregnant with my boyfriend’s child, does my boyfriend’s last name go on birth certificate?

Asked on February 20, 2012 under Family Law, New Jersey

Answers:

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

Answered 12 years ago | Contributor

It can depending on the state that you are living in.  But you should be aware that the general rule is that a child born during a marriage in presumed to be a child of the marriage. The presumption can be rebutted - here you were separated from your husband so that is your argument so to speak.  I think it may be time to take the necessary steps to move away from your spouse.  Good luck.


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