Ex-Wife Says Ex-Husband's Name Has to Be on the Birth Certificate

**ITMom** · 08-03-2006, 06:13 PM

My boyfriends ex-wife got pregnant by another man (who acknowledges he's the father and wants to marry her) She says that even though my boyfriend is not the father that just because their divorce was not final when she concieved he has to be listed as the father on the Birth Certificate. They had been separated almost a year when she got pregnant and the divorce is now final. We live in Tennessee. Why couldn't the bio father be listed???

Thanks!

**Mr. Knowitall** · 08-03-2006, 09:25 PM

Ideally the divorce judgment would have recited that the wife was pregnant but that the baby was not the husband's. Apparently that wasn't addressed. She should nonetheless be able to name the biological father as the child's father.

**nchrry10723** · 08-24-2006, 06:26 PM

Because she can name that baby what ever she wants i was reading it that it doesn't even have to have their last name. Isn't that crazy!!!!

**rmet4nzkx** · 08-24-2006, 06:54 PM

Each state has a process to establish paternity in cases where the parents are not married to eachother, usually this involves signing an acknowledgement of paternity or a petition to the court to establish paternity. When the mother is married the child is usually considered a child of the marriage (born during or within 300 days of the divorce or death) unless something is done to disestablish paternity on the part of the husband otherwise he will become the legal father by default and establish paternity for the biological father, the process is dependent upon state laws. In other cases, Kentucky for example, a bio dad has standing to sign an acknowledgement of paternity even if the woman is still married, but that is an exception. So if the baby has not been born and she lives near the KY border, she could have the child in KY and the bio dad could sign an AOP and establish paternity even though she is still married.

In general, the hospital will have the AOP's available and if there is a child of the marriage statute, the form will indicate that. What is important now is for the husband/exhusband to contact the courts and petition to disestablish paternity, this will eliminate him as the legal father and an obligation for child support. There must be a court order, not just an agreement or people filing a false AOP. This number should help both dis/establish paternity. Paternity Acknowledgment Program Hotline: 1-800-457-2165