If I’m married but separated and pregnant with another man’s baby, what will happen after I give birth?

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If I’m married but separated and pregnant with another man’s baby, what will happen after I give birth?

My husband and I were separated (not legally) and living in different states. We were going to get a divorce but decided to work things out. However, I later found out I was pregnant. The biological father wants to keep the child and my husband wants nothing to do with it (he wants me to put it up for adoption since I told him I didn’t want to get an abortion). I was wondering if I had to put the biological father on the birth certificate once it’s born (I don’t want to because he could get in trouble since he’s a soldier and could get kicked from the military from what I heard from others).

Asked on November 19, 2012 under Family Law, Washington

Answers:

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

Answered 9 years ago | Contributor

It is really a mis conception that putting some one name on a birth certificate or not will stand up to true legal scrutiny if challenged. Understand that a child born during a marriage is considered to be a child of the marriage unless proven other wise.  I would not worry about the Father being kicked out of the military. But you can not put the child up for adoption with out his consent.  And he can establish parentage as soon as the baby is born.  Seek legal help. 


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