I was married to a woman in 2014. We are still married have been separated since about 2 months after the marriage. It was not legal in the state we lived in. Same state I live in now. I am pregnant with my first child from my relationship of 3+ years. I have been told that the father cannot put his name on the birth certificate of his own child because I am married. Even if I am divorced by the time the baby is born. Is this true? How can I avoid this happening and the baby’s fathers name remain on the birth certificate of his child? What are the steps to take to get an uncontested divorce
In Louisiana, the mother's husband has the presumption of paternity during the marriage and for 300 days after divorce (i.e. baby is born 299 days after divorce, the ex-husband is still legally presumed to be the father). Those statutes are gendered ("husband" not "spouse"), but we now have case law extending the paternity statutes to same-sex couples. So, you should proceed as if you're currently married to a man who is not the baby's father. As long as your ex cooperates, you can do a three-party acknowledgement (signed by her, you, and the father, with each signature notarized before two witnesses). (Louisiana Civil Code article 190.1). You can then use that to amend the birth certificate whether you get divorced before birth or after. A family attorney can draft and notarize a three-party acknowledgement for you guys.
For an uncontested divorce, you also really should hire a lawyer to make sure it's done properly. You've been separated for years, so as long as there are no assets to divide/custody issues/claims for spousal support, this can be done pretty quickly. Good luck!
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline