Legal Question in Family Law in Massachusetts
I am legally still married but separated. My spouse is having a baby that i am not the father of. How do i make sure my name isn't on the babies birth certificate if we are still married?
2 Answers from Attorneys
Since you are married, the law will presume that you are the father of the child. Your best bet is probably to commence divorce proceedings right away. Does the biological father of the child have any interest in assuming responsibility for the child? My guess is that you will probably require the assistance of counsel in sorting this out.
You are presumed to be the biological father, however, you can challenge that in court. Your spouse can name the biological father on the birth certificate if she wants and then the issue will be to require the biological father to undertake and acknowledge responsibility for the child.
I suggest you contact legal counsel sooner than later.