If my cousin is still legally married but they are not together and she is now pregnant by her boyfriend, can her boyfriend’s name be put on the birth certificate?

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If my cousin is still legally married but they are not together and she is now pregnant by her boyfriend, can her boyfriend’s name be put on the birth certificate?

Asked on December 5, 2012 under Family Law, Michigan

Answers:

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

Answered 8 years ago | Contributor

There is a presumption that a child born while you are married is a child of the marriage.  The birth certificate would reflect that.  Your husband would probably have to sign an Affidavit of Non Paternity and your boyfriend an Affidavit/Acknowledgement of Paternity but if your state will allow that prior to birth is rally best asked to an attorney there.  Good luck.


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