Minneapolis, MN asked in Divorce and Family Law for Illinois

Q: I am pregnant but my lawful husband is not a father. Who will be mentioned as a father on birth certificate?

Hello. I separated from my husband 6 months ago but we haven't been divorced yet. I found that I am pregnant with my new boyfriend.

Who will be mentioned as a father on birth certificate?

Do I have to put the name of my current lawful husband or I can put the name of biological father or leave it empty?

I am married in Michigan, now live in Illinois.

Thank you so much.

Melissa

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3 Lawyer Answers
Daniel J. Kollias
Daniel J. Kollias
PREMIUM
Answered
  • Winfield, IL
  • Licensed in Illinois

A: You can put the name of the biological father on the birth certificate. He will have to sign a Voluntary Acknowledgment of Paternity.

Cheryl Powell agrees with this answer

Cheryl Powell
Cheryl Powell
Answered
  • Mt Vernon, IL
  • Licensed in Illinois

A: While I agree with the lawyer below, I would further state that in Illinois, the husband will also need to sign a document.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: You should list the biological father, not your husband. This is perfectly acceptable and legal and happens frequently.

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