If I’m married but pregnant with another man’s child, does my husband have to go on the birth certificate?

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If I’m married but pregnant with another man’s child, does my husband have to go on the birth certificate?

I’m currently married but separated. We are not leagaly separated. I am pregnant with another man’s child. At this point I don’t know if the man will be in the picture or not. Can I leave the father on birth certificate blank?

Asked on March 19, 2018 under Family Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general rule, if a child is born during a marriage then the husband is presumed to be the legal father. If the biolocical father enters the situation, you can contact an attorney in your area and see if your state allows your husband to sign an "Affidavit of Non-Paternity" and your boyfriend to sign an "Affidavit of Paternity" (or KY's equivalent). This will remove the obligation of support from your husband and place it on the biological father without the need for paternity tests. I would also suggest that you start divorce proceedings as well.   


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