anyone ever been in this situation?

[pixal_ember]

my ex and i broke up last year a few months after we got married. me and my fiance have been together since april of last year and are expecting our first. since i haven't gotten my divorce yet, will he be able to sign the birth certificate or is there a form my ex has to fill out to say he isn't the father? I'm due in December, but even if i file now, the judge won't sign off on it till after the baby is born. I'm trying to get everything sorted out before the baby is born and was just wondering if anyone else has had to go through this before.

[Momtothesecondpower]

No your bf can sign the birth certificate the father is to sign it with his name or your name

[teenmom7512]

My married but legally separated. We are almost through with our divorce, but my fiance is signing the BC.

[pixal_ember]

Thanks guys. I guess I'll be making some phone calls in the next few days. Hopefully everything works out, cause my fiance really wants to be able to sigb his kids bc. I might also call up to the hospital and see if they do DNA test when the baby is born, as a just-in-case option.

[charmsofkam]

I live in FL you can give baby whatever name you want also if dad isn't there they leave him off. I waited for him to be there to sign then they make him sign a paper that states he is the father and won't need a DNA test.

[iLovekjoy2]

That happened to my cousin she was still legally married when she got with her new boyfriend. He wasn't able to sign the birth certificate so her baby had to get her husband's last name. Her husband would've had to sign something saying that he wasn't the baby's father.

[Mulaifa]

In south africa you just bring the father of your baby to sign the certificate

[pregoRita]

They didnt even ask me all that ..they just asked for dad to come in to sign the bc and asked him if he was acknowledging he was the father and if so sign here and just told him wht signing the papers meant and that was it

[LucyMarie1991]

In Britain if you aren't married then the child's father needs to be present when you fill out the birth certificate or they aren't able to be placed on it. But we don't have any law saying that if you are married then your husband must be the child's father. Also, in Britain it is illegal to knowingly lie on a birth certificate, so since your husband isn't the father, it would be against the law in Britain to name him as the child's father

[KyandKay]

A lady I worked with had to use her husband last name although they were separated for years and he wasn't the dad she had to put her husband down. That sucked I would check into that. Now she has an almost 4 year-old with another man's last name.

It's different from state to state but I'd look into it to be safe.

But like the first say, if so I'd take a DNA test to prove fiance is dad and not the ex

[MamaDanielle]

Thats not true at all you dont have to be married for the father to sign, not in australia anyway i cant imagine it being much different

[AnnieBrooke]

I don't think that is true.  Call your local law school, and ask if they have a legal clinic that does family law, and ask them.  Or, call a family-law judge's office, and ask for the judge's clerk (that will be a lawyer) and ask him or her what the law is in your state about this.  If you do nothing, the law will assume your legal husband is the father.  But if you take active steps and put the other guy on the birth certificate, that might be good enough until the divorce is final to block the assumption that your husband is the dad.

[pixal_ember]

Thanks. he will be there when the baby is born, but someone told me he wouldn't be able to sign since I'm still legally married.

[redmama1992]

Get Dna for the real father he should not be able to sign the birth certificate. Unless he's there....wish u luck