I need to know if I can have the real father of my child on the birth certificate?

UPDATED: Aug 29, 2012

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I need to know if I can have the real father of my child on the birth certificate?

I am in the midst of a divorce to a “man” that I have not even been in the same state as since the end of last year. I am now pregnant with my boyfriend’s child, and I am concerned that due to my idiot husband causing issues in the proceedings of my divorce, that I may have to put his name on the birth certificate of a child that is not his. I will not be allowing this. My child will be born in the state of Texas, and I need to know what I can do to prevent this level of idiocy.

Asked on August 29, 2012 under Family Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In most states, a child conceived during marriage is automatically considered that of the husband's.  If your intent is to get a divorce prior to the birth, I would do whatever it takes to do that so the issue is not whether your birth certificate will indicate a different person (you can always make that choice) but you want to make sure the boyfriend will sign his name.

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