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Do I have to get my divorce before daddy can be put on the birth certificate?

My husband and I have been seperated for over 2 years now. My SO and I have been together a year and a half and recently had a baby together. I have not obtained my divorce yet due to difficulty getting my ex to sign the paperwork and such.

The hospital would not allow my SO to sign the birth certificate due to me bein gmarried and it not being my ex-husband's baby.

Do I have to have the divorce to have him added on? My ex-husband has agreed to sign a refusal of paternity if I need it.

What do I need to do to get daddy added to the birth certificate?

I am in GA if that matters.


Asked by Memigen at 9:54 AM on Aug. 16, 2010 in Babies (0-12 months)

Level 27 (30,799 Credits)
This question is closed.
Answers (9)
  • in many states, any child concieved while legally married is considered legally to be the child of the husband... you need to check your state laws ASAP

    Answer by peanutsmommy1 at 10:15 AM on Aug. 16, 2010

  • I know in SC that you must be divorced for the father to be listed and the children to have the father's last name. This is probably the case in GA also. My SIL's 1st child was with her 1st husband - he bares that man's last name. She was still legally married to husband number 1 when she had her last two children so they have HER maiden name and no father listed on the birth certificate because she wasn't yet married to husband number 2.

    Answer by twinsplus2more at 9:58 AM on Aug. 16, 2010

  • I would consult a good Divorce Lawyer about that. It makes my head spin...LOL...and it is too complicated for us ordinary people here at CM, in my opinion.

    Answer by gertie41 at 9:59 AM on Aug. 16, 2010

  • Nor divorced from husband number 1

    Answer by twinsplus2more at 9:59 AM on Aug. 16, 2010

  • i thhink you need to consult a lawyer.

    Answer by sati769leigh at 10:08 AM on Aug. 16, 2010

  • That is weird. Most of the time you can just put down whoever you want as the father (or put no one if you don't want to!) I would contact the state office where the certificates are issued and ask them what needs to be done.

    Answer by AmiJanell at 11:12 AM on Aug. 16, 2010

  • No the babys father is who he is. He can sign the certificate as soon as he/she is born, this baby has nothing to do with your soon to be ex.

    Answer by salexander at 11:36 AM on Aug. 16, 2010

  • He'll sign the paternity paperwork, but won't sign for a divorce? Tell him that you'll put him as the father and collect child support unless he signs the dotted line. :-)

    Answer by HistoryMamaX3 at 9:57 AM on Aug. 16, 2010

  • salexander, they refused to let me put his daddy on the birth certificate due to my marriage

    Comment by Memigen (original poster) at 12:24 PM on Aug. 16, 2010