My husband kicked me out in July of 2006, so needless to say we are not together any longer and are looking to get a divorce. I got pregnant by another guy in October who wants to have his name on the birth certifcate. I was wondering if I am still married, when I have the baby, does my husband have to claim it as his, even though it is not his, and the biological father wants to claim it? My husband would not want to claim it as his.
2007-01-24 06:12:19 · 27 answers · asked by Amanda M 1 in Pregnancy & Parenting ➔ Pregnancy
I live in New Hampshire
2007-01-24 07:55:05 · update #1
Depends on the state. Hopefully not since your "husband" shouldn't have to deal with your problems.
2007-01-24 06:16:03 · answer #1 · answered by Goose&Tonic 6 · 5⤊ 3⤋
In general, there is a rebuttable presumption that a child born during the marriage was fathered by the husband. The baby belongs to some other man, though. Now, at the hospital, after you give birth, they can't just put "any old name" on the certificate. If you are still legally married when you give birth in July, they can put your husband's name in, or leave that space blank. Further, the unborn child has to be brought to the attention of the Divorce Court Judge and dealt with. Your husband is NOT forced to claim the child as his. But you must deal with this in the divorce court. So hurry up and get that divorce moving.
2007-01-24 14:37:36 · answer #2 · answered by DinDjinn 7 · 0⤊ 0⤋
Legally (in some states) the baby is considered your husband's because you conceived during the time period that you are still legally married. If you know without doubt who the father is, and he is willing to claim paternity, there are some states that will accept the acknowledgment in an Affidavit of Paternity, then you can bring it to the hospital, and the father's name will be recognized. I would suggest getting a divorce before you have the baby.
Talk to an attorney, ask him what the laws regarding claiming paternity are in your State, also check with the hospital and ask them what has to be done to have the biological father's name on the birth certificate.
2007-01-24 14:25:12 · answer #3 · answered by deanie1962 4 · 0⤊ 0⤋
If you have a legal seperation, then the biological father may claim his child. If you do not and you are still legally married, your husband can either wave his rights to the child and the biological father can "adopt" or he has to claim the child. I think it also depends on the state. In NY, my husband had to sign a paternal affidavit saying that our son was his even though we were married. I would ask the hospital or your doctor what the law is on that situation and then if it is possible to do so before birth, I would get a legal seperation from your husband.
2007-01-24 14:49:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In Wisconsin at least....YES! If you are married the state automaticly assumes the husband is the father and will allow no other man on the birth certificate. But your husband can file for a paternity test to get his name removed and then you would need another test to prove the father and have his name added. My friend just went through the whole ordeal in Oct. 2006. I am not sure if it differs elsewhere though, so maybe check the local state laws. Good Luck!!
2007-01-24 14:19:10 · answer #5 · answered by angie_laffin927 4 · 0⤊ 0⤋
I believe the question of legal parent-ship is covered by the laws of your state. These laws will vary from state to state. More than likely, the state will require the baby to have your last name, whatever it may be at the time.
My advice: get the divorce ASAP and marry the biological father before the baby is born.
Your last name will become his last name and the baby's last name when he/she is born should be the same as your new married last name.
I don't think anyone asks if the last name of the mother was the same when the child was conceived as when it was born. That's really nobodys business but yours and the baby's father, your husband.
2007-01-24 14:37:16 · answer #6 · answered by CJohn317 3 · 0⤊ 0⤋
well if he (your husband) doesn't want to claim it, and the other dude wants his name on the birth certificate, (just so long as he pays child support if he's not going to be active in the baby's life), then ur husband don't have to claim anything. The reason being is because he didn't help make the baby and it cannot be proven that he is the father because their DNA won't match. I hope that answered your question.
2007-01-24 14:23:22 · answer #7 · answered by missmika7289 1 · 0⤊ 0⤋
Just because you are married to the guy does not mean he has to claim it. You put the fathers name on the birth certificate as you see fit. The man you are married to did not father the child and if you are seeking divorce and do not want him to be deemed the father {since he did not father the baby}that is your right. However the man who did father the child will have to sign paternity papers in the hospital so that the baby can take his last name
2007-01-24 14:18:20 · answer #8 · answered by texas_angel_wattitude 6 · 3⤊ 1⤋
NO he doesn't....what would make you think that he would have to claim the child?? The biological father is responsible in the states eyes....but be aware in alot of states, if you are not married to the father he has to sign a paper to be added to the birth certificate...they have it at the hospital, if he doesn't sign it he won't be on the certificate. just an FYI
2007-01-24 15:34:54 · answer #9 · answered by Heather D 3 · 0⤊ 0⤋
No, your husband has no rights to that child. The biological father does. However you will probably need to get a paternity test done, to help things along. Your husband can go after you for Adultery though. At least in CO he can. Get a Lawyer!
2007-01-24 14:28:38 · answer #10 · answered by Anonymous · 0⤊ 0⤋
If you are married your husband's name can be put on the birth certificate and he can claim the baby until it is proven by a DNA test that he is not the father.
2007-01-24 14:22:48 · answer #11 · answered by kissybertha 6 · 0⤊ 0⤋