Whose name goes on my child’s birth certficiate if I’m pregnant with my boyfriend’s baby but am still married to another man?

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Whose name goes on my child’s birth certficiate if I’m pregnant with my boyfriend’s baby but am still married to another man?

I’ve been separated for 2 years but there is not formal separation agreement.

Asked on April 7, 2018 under Family Law, Wisconsin

Answers:

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

Answered 2 years ago | Contributor

Typically, if a child is born during a marriage then the husband is presumed to be the legal father. However, if the biolocical father is not the husband, then state law will have to be checked tosee if it allows the husband to sign an "Affidavit of Non-Paternity" and the boyfriend to sign an "Affidavit of Paternity" (or your state's equivalents). This will remove the obligation of support from the husband and place it on the biological father, all without the need for a paternity test. Further, I would  advise that that you start divorce proceedings as well.  At this point, you should seriously consider consulting direclty with a lcoal divorce attorney who can best advise you further as to specific state law. 


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