If I’m separated from husband for almost 2 years and am pregnant with another man’s baby. can my boyfriend still sign the birth certificate?

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If I’m separated from husband for almost 2 years and am pregnant with another man’s baby. can my boyfriend still sign the birth certificate?

I got married on a whim. I made a mistake after I realized the only reason this guy married me was because I was getting deployed and he said I would owe him money because the military would give extra for being married. I left him and soon met a great guy. I am now 8 months pregnant. If my boyfriend signs the birthcertificate will it go through? And yes I know, I have the paper work filled out the divorce, it is just the matter of paying for it.

Asked on April 23, 2012 under Family Law, Iowa

Answers:

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

Answered 9 years ago | Contributor

First, congratulations.  Second, yes you can put the father of the child on the birth certificate.  There is a presumption under the law that a child born during a marriage is a child of the marriage but that presumption is "rebutable" and  doubt that you will get an argument from your spouse.  Good luck.    


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