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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16473
Experience:  Licensed experienced Attorney
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I live in NC and been legally separated months from my

Customer Question

Hello,
I live in NC and been legally separated for 2 months from my second husband. I had decided to work things out with my first husband and I just found out we are pregnant. This will be my first child and my first husband is most definitely the father. I know, I know... this is a mess but at the same time a miracle for me. Anyway, I have had a couple people tell me today that my current husband will have to go on the birth certificate no matter who the father is because our divorce will not be final when the baby is born. Is this true? I also read online that some states will allow the biological father to sign a form when we sign the birth certificate at the hospital acknowledging he is the father and I will be able to choose the surname that I want. Can you please help with this?
Thanks,
Jennifer
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.

Generally, if the woman is legally married, then the husband is presumed to be the legal father of the child, however, such presumption can be rebutted through the courts, once a DNA test is done and it is established that the husband is not the father and at that point any information on the birth certificate can be corrected, since it is the name of the legal husband that would have to be listed as the father, until the matter is addressed and paternity is established through the courts.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 year ago.

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Thank you.

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