If I am still legally married and pregnant with another man's child, can I put the other man's name on the birth certificate?
I have been separated from my husband for 2 years. I am currently in a relationship and now pregnant. I have already filed for divorce but he is not signing the papers. I am worried that I will still be married at the time of delivery and will not be able list the baby's father on the birth certificate. I live in KY and am not sure of the laws.
You would have to check out state specific laws with an attorney in your area. But the general rule is that a child born while a person is married is presumed to be a child of the marriage. So the child is presumed to be your husband's even though you know it is not. Now, your husband can sign an affidavit of non-paternity and the baby's father can sign an affidavit of paternity if you so choose to do it that way (and the state permits). Or you can ask for a DNA test for paternity before you list the father. I would make your husband aware that now the court will require child support to be established one your pregnancy is revealed. That may move him alone. Good luck.
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