Pregnant after separation by another

The Father’s name would go on the birth certificate. My niece just had a baby in June and still does not have a Father’s name on the birth certificate because the father is requesting paternity testing before he will take responsibility. They are not married. I don’t know the law on this one but I don’t believe that your son-in-law’s name would go on it just because they are still married, unless he was led to believe the child is his. She may need to tell them when the child is born that he is not the Father, so they won’t put it on. May need to request paternity testing to determine who the child’s Father is, but I’m not sure there even has to be a Father’s name.

A child born during a marriage is considered to be from that marriage. If I were your daughter I would have a paternity test done so that the biological father is listed on the birth certificate.

From the NC General Statutes

130A#8209;101 Birth registration.

(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, unless 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. 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.

This happened to a friend of mine who was separated for 3 years, but not divorced, when she had her child. The hospital told her her husband’s name had to go on the Birth Certificate, unless she refused to tell his name. She refused, the therefore no father was listed on the birth certificate. If I remember correctly, the way they had it fixed was in her divorce papers, they had a clause added that there was a child born during the marriage that was not the husband’s child. Once the divorce was granted by the court, they were able to use that to get the birth certificate corrected.

Hope this helps.

Thanks to all of you who responded. You have been very helpful. I’m glad I found this site. Thanks again.

My daughter and her husband separated in April and filed their own papers. We are in NC. Now she is pregnant by someone else (she says) Legally who is the father, whose name goes on the birth certificate as they won’t be divorced?