If I’ve been seperated from my husband for 2 years and we were only marraid for 1 year, since I’m now pregnant with my boyfriend’s baby can I put him on the birth certifcate?

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If I’ve been seperated from my husband for 2 years and we were only marraid for 1 year, since I’m now pregnant with my boyfriend’s baby can I put him on the birth certifcate?

Asked on December 12, 2012 under Family Law, Oregon

Answers:

Kate Forrest / The Law Office of Kate M. Forrest, PLLC

Answered 9 years ago | Contributor

Under the Uniform Parentage Act, which has been adopted in some form by every state, a husband is legally presumed to be the father of any child born during the marriage or within 300 days of its termination...it is unclear from your question whether you are legally separated (with a court order), which would suffice to terminate the marriage for purposes of parentage, or whether you are just separated as a practical matter, which makes him still your husband and legal father.

If you are not legally separated, or the child will be born within the 300 day period following the decree, your husband can sign a denial of paternity if the biological father is willing to sign an acknowledgment of paternity.  Without such an agreement, there would have to be an ajudication of parentage (usually involving genetic testing), or later petition for relinquishment of the husband's rights in the context of adoption by your boyfriend.

You should consult with a local family law attorney to discuss the particular facts in your situation and your best options going forward.


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