My question involves paternity law for the State of: New York
My gf/fiancee is during a divorce proceeding with her practically ex-husband. The final hearing, as far as I know, should be over a month or two before the baby is actually born and right now is going through its final stage.
My gf become pregnant with me (of this we are 100% sure) sometime in early November, which would put her due date at July/August. I am not a citizen nor resident of the US (Obviously we cant get married until the divorce is finalized), however we do plan on going through the proper channels once she can proove that she is divorced or if that is made impossible for any reason (imigration laws are a nice labyrynth by themselves ), move to my home country temporarily or permamently. This is not the issue here, I think.
I do understand that in the case that the divorce proceedings do drag on for any reason, or the ex has a change of heart, in the case that they are still married when the baby is born, he is automatically assumed the father under NY/US law.
So here are my questions:
1. In the case they are still legally married (Separation was legally established way before the child was convieved) and the ex is put on the birth certificate by default, what are the steps I/my gf (understanding that I have limited options as a non-US citizen/resident) have to take to disproove that he is the father of the child and have his name stricken from the certificate, if at all possible. What other steps should we/she take if we should?
2. If they are divorced, will there be any problems of putting a non-US citizen/resident on the birth certificate? We will try to get married by then, but things might drag on due to the divorce and other legal issues. Is there something I should be aware off beforehand, both in the best case of the divorce being final, or not? My stay in the US is 100% legal and there isnt any problems with that.