IfI am still legally married and pregnant with another man’s child, canI put the other man’s name on the birth certificate?

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IfI am still legally married and pregnant with another man’s child, canI put the other man’s name on the birth certificate?

I have been separated from my husband for 2 years. I am currently in a relationship and now pregnant. I have already filed for divorce but he is not signing the papers. I am worried that I will still be married at the time of delivery and will not be able list the baby’s father on the birth certificate. I live in KY and am not sure of the laws.

Asked on September 27, 2011 under Family Law, Kentucky

Answers:

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

Answered 10 years ago | Contributor

You would have to check out state specific laws with an attorney in your area.  But the general rule is that a child born while a person is married is presumed to be a child of the marriage.  So the child is presumed to be your husband's even though you know it is not.  Now, your husband can sign an affidavit of non-paternity and the baby's father can sign an affidavit of paternity if you so choose to do it that way (and the state permits).  Or you can ask for a DNA test for paternity before you list the father.  I would make your husband aware that now the court will require child support to be established one your pregnancy is revealed.  That may move him alone.  Good luck.


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