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I am separated from my husband, but not divorced yet. Can my boyfriend, who is the baby’s biological father, sign the Declaration of Paternity?

April 26, 2017baby biological boyfriend Declaration divorced father husband paternity separated

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I am separated from my husband, but not divorced yet. Can my boyfriend, who is the baby’s biological father, sign the Declaration of Paternity?

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No. The law presumes that as long as you are legally married, the husband is the father of the baby. Only the court can establish paternity with someone other than your legal husband. Only unmarried women can sign the Declaration of Paternity.

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No. The law presumes that as long as you are legally married, the husband is the father of the baby. Only the court can establish paternity with someone other than your legal husband.