I’m not absolutely certain of this but I do not believe that you must put a name on the birth certificate…I know that I have a cousin who does not know who his father is because his mother has never told and it’s not on his birth certificate. I believe that you can put the father’s name on the birth certificate since you are separated…
Maybe someone else has further insight into this and the legalities of having a child by someone other than your spouse.
This may end up being more of a problem for the father than for you since he is in the military. Having sex with someone other than your spouse is illegal in NC and can be prosecuted. I know that military is different and I believe to be a little more strict on these matters…criminal conversation is obvious since you are pregnant…
You do not have to have a separation agreement. NC does not recognize “legal separation”. As far as child support goes for the adopted child, I do not know what the time frame is for response from CSE. He is still responsible for the child since you both adopted her. It’s possible they are gathering information from him in regards to salary and custody. Have you contacted them to find out what’s going on?
Actually know someone who had similar circumstance.
while separated from husband got pregnant by someone else.
You must refuse to list the father on the birth certificate
because you are married when you will give birth they will
only allow your husband to be listed. If you refuse to list
the father, you go back to court after the divorce and amend
the birth certificate to list the biological father.
The father of the child will need to commence an action for legitimation after the child is born. When the legitimation procedure is completed your child will be issued a birth certificate listing her biological father.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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I have been seperated since March/2008 and my husband refused to sign a seperation agreement. He is the one who left the house and moved into an apartment. We have had infertility issues for the duration of our marriage. We adopoted a little girl who is now 4. He has not paid child support so I went to CSE to file on 7/29 I still have not heard anything from them. So since our seperation I have met someone else and then get this I got pregnant. I am due before our 1 year seperation period is up. How will this affect me and my unborn child, also my current situation? To top it off the father of the baby is being deployed oversees and won’t be here for the birth. He is very supportive and wants to be with me. I have heard that my husband will be considered the legal father of this child. Is this true. what does the baby’s father have to do to have paternity rights? Can I put his name on the birth certificate? I just need to know how will this effect us legally and practically. Thanks!!!