I Am Having a Baby Do I Have to Put My Legal Husband on the Birth Certificate

wouldn't an AZ attorney be the right person to whom to speak?
this degree of carelessness does not bode well for this child.
khairete
S.

You really need to speak with an attorney in your state and learn the laws NOW because if you are legally married, then you may be out of luck on your options. How sad for this innocent unborn baby.

Whatever your reasons for being in this situation, please put your priorities where they should be..... your children. No relationships!

I would seek a professional in your state. Laws vary from state to state.

Laws vary. My friend pushed up the date of her (amicable) divorce to ensure she was not married when she had her baby. They had both moved on except on paper, but legally she needed to be divorced or her ex would be listed as the father. Find a lawyer.

Many states require that the husband be listed regardless of actual paternity for those of you that think this is a no-brainer :)

Curiosity killed the cat . . . I had to check to see what AZ laws were regarding this:

1. Except as provided in section 25-814, if the mother is married at the time of birth or was married at any time in the ten months before the birth, the name of the mother's husband.

25-814. Presumption of paternity

A. A man is presumed to be the father of the child if:

1. He and the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation.

2. Genetic testing affirms at least a ninety-five per cent probability of paternity.

3. A birth certificate is signed by the mother and father of a child born out of wedlock.

4. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed by both parents acknowledging paternity.

B. If another man is presumed to be the child's father under subsection A, paragraph 1, an acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption is rebutted. If the presumed father has died or cannot reasonably be located, paternity may be established without written consent.

C. Any presumption under this section shall be rebutted by clear and convincing evidence. If two or more presumptions apply, the presumption that the court determines, on the facts, is based on weightier considerations of policy and logic will control. A court decree establishing paternity of the child by another man rebuts the presumption.

We aren't lawyers liscened to practice law in Arizona, so we can't give you advice. heck with a lawyer in your state.

you put the biological father, that is the purpose of a birth certificate

I would suggest that you speak to a family law attorney. You need to know what rights you, your husband, the father of your child, and your child have in this situation. Administrators can tell you what they want on a line on a form, they can't advise you on potential custody and child support issues, for example.

In PA if the husband's name is on the birth certificate, he is assumed to be the biological father, no paternity test needed. Laws in your state could be different. Since he is not the father, why would you put him on the form? Does he know he is not the father? Perhaps you should put the child's father on the form.

Call the hospital and speak to someone in the birth records department. They will be able to tell you how you should handle it when given the forms after the baby is born.

You need a lawyer in your state to help you with this. We are not Arizona lawyers. Why would you trust a bunch of moms to help you with this?

If you're not divorced, then he's not your ex - he's just not the father of your baby.
I'm not sure you have to put anyone down as father on the birth certificate.
And a paternity test should be done before anyone starts paying child support.
Get a move on with the divorce, and get a lawyer to work out child support/custody issues.
You've got a lot of things to work through besides figuring out who to name on the birth cert.

Check with laws of your state. In some places if he isn't the father you don't have to add his name to the BC. You maybe able to find the info on your states website.

I'm no lawyer, but what state would require you to put anyone but the bio dad's name on birth certificate? Each time I had a child, I filled out the paperwork. I put the information down. Who is going to force you to put your estranged husband's name on the birth certificate?

I think you need to call Vital Statistics or talk to the hospital about this. They are the ones that take the information. Also, ask an attorney. One that deals with this sort of thing. I can't imagine having a child by one guy and married to another but not "with" your husband plus being pregnant.