Child Being Born going through Divorce


#1

I am currently pregnant and going through a divorce. The child is not my soon to be exes but is my current boyfriends. I just read something regarding my soon to be ex having to be on the birth certificate. What can I do to prevent this? This has to be the most insane thing I have ever heard to have someone’s name on a birth certificate and I know it’s not his. My ex and I have been separated since the beginning of September. Please let me know what I can do to avoid this situation all together. Unfortunately I will not be able to divorce until after the baby is born. Please advise.


#2

Because you will be married when your child is born, NC law presumes that your husband is in fact the child’s father. NC Gen Stat 130A-101 is the law regarding birth certificates. The pertinent portion is listed below:

(e) If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, except as provided in this subsection. The surname of the child shall be the same as that of the husband, except that upon agreement of the husband and mother, or upon agreement of the mother and father if paternity has been otherwise determined, any surname may be chosen. The name of the putative father shall be entered on the certificate as the father of the child if one of the following conditions exists:
(1) Paternity has been otherwise determined by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered.
(2) The child’s mother, mother’s husband, and putative father complete an affidavit acknowledging paternity that contains all of the following:
a. A sworn statement by the mother consenting to the assertion of paternity by the putative father and declaring that the putative father is the child’s natural father.
b. A sworn statement by the putative father declaring that he believes he is the natural father of the child.
c. A sworn statement by the mother’s husband consenting to the assertion of paternity by the putative father.
d. Information explaining in plain language the effect of signing the affidavit, including a statement of parental rights and responsibilities and an acknowledgment of the receipt of this information.
e. The social security numbers of the putative father, mother, and mother’s husband.
f. The results of a DNA test that has confirmed the paternity of the putative father.


#3

Lindsay,

Thank you so much for your reply. I just have one more question. How would I do this portion below:

(1) Paternity has been otherwise determined by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered.


#4

You would have to file a civil complaint for paternity.