Can I put my boyfriend's name on our babies birth certificate if I am legally married to another man?

Asked over 4 years ago - Oxnard, CA

I have been seperated from my husband since january 2008. I am living with my boyfriend and we are expecting a baby that is due in february of 2011. My question is can i legally list my boyfriend as the babies father on the birth certificate?

Attorney answers (2)

  1. Patricia Ann Hendrickson


    Contributor Level 10

    Answered . Yes, you can. There is a legal presumption that if a child is born during a marriage and the husband is not impotent or sterile, that child is the husband's child. Here, however, you have been separated for a good deal of time (making your child's birth, arguably, NOT "during the marriage") and it sounds like you will not have an issue with your soon-to-be ex-husband.

  2. Douglas Charles Michie


    Contributor Level 13

    Answered . Why are you not divorced? I don't understand how you can bring a child into this world when you haven't even taken care of your relationship status. The question should be, how so I get a divorce decree from my husband in the fastest way possible.

    Please RUN to a divorce attorney and get this taken care of. You would think that if your boyfriend is willing to make babies with you, that he ought to help you get a divorce. You owe your child nothing less.

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