Q: Currently going through divorce and pregnant. How can my child's biological father be on the birth certificate?
I'm currently filing for divorce. I've been separated for 2 years, with a new boyfriend and my boyfriend and I are having a baby. How can we get my boyfriends name to be put on the birth certificate instead of my husbands? Do we sign the affidavit at the hospital or do we have to file and go to court? We don't want my husband on the certificate AT ALL. WE don't want him involved in any way with our child.
A: First there is a presumption that your husband is the father until you are divorced. Second, your boyfriend will have to file an action to legitimate child once born. If you are not divorced at that time you will have to notify your husband.
A: You should have divorced sooner. At this point, you can't list the father on the birth certificate. You need to be divorced for a certain period of time after a divorce before anyone other than your spouse can be listed on the birth certificate. So unless you can complete the divorce within that time frame, more likely than not your child's birth certificate will state either your current husband's name or 'refused' for the father until such time as the biological father is eligible to do an affidavit of parentage.
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