High Point, NC asked in Divorce and Family Law for North Carolina

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.

Related Topics:
2 Lawyer Answers
Adam Bull
Adam Bull
  • Asheville, NC
  • Licensed in North Carolina

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.

Amanda Bowden Johnson
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Jacksonville, NC
  • Licensed in North Carolina

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.