Legal Question in Family Law in California
My husband left 6 months ago and has filed for a divorce which will be finalized in January. I am in the process of IVF with my current partner. Are there any legal ramifications I need to be aware of in respect to my soon-to-be ex-husband and my current partner? My current partner will be listed as the legal father of the child.
1 Answer from Attorneys
If the divorce is final before the child is born, I cannot think of any legal ramifications you would need to be concerned about vis a vis the soon-to-be-ex. The presumption of paternity only attaches to husbands who are not separated from the mother/wife and are married to the mother at the time of birth. Of greater concern legally will be the relation of your IVF partner to the child. Simply listing him on the birth certificate will not be enough to establish a legal father-child relationship. Without doing some research,. I'm not sure even filling out and filing the declaration of paternity that the hospital will have available is enough in the case of IVF. My partner and I went the IVF route and it didn't take, so I only got as far in my research as figuring out that IVF makes things complicated in regards to paternity. I do know you can waive paternity with IVF, which you cannot do for a natural pregnancy, but you'll need to have someone do some research for you on how make sure the paternity is legally established.