Legal Question in Family Law in California
Im 7 months pregnant with my ex husband's child. I got remarried at 5 months pregnant. In the State of CA, do I have to list my new husband on the baby's birth certificate? My ex husband is deployed, and his mother is his power of attorney. Is his mother able to use her POA to sign the birth certificate?
1 Answer from Attorneys
Your ex's mother cannot sign the birth certificate for the ex and legally bind the ex. If she did, under the Service Members' Civil Relief Act, your ex could set that paternity aside after he was to get out of the military. If you list your new husband on the birth certificate, then it would be a lie and no attorney should advise you to lie on a legal document. On the other hand, if your ex were to agree to your current husband to adopt the child, and put that into a writing, then, by listing your new husband on the birth certificate, that would make your life easier. Good luck!
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