Legal Question in Family Law in North Carolina

Make sure the biological father signs the birth certificate. When you are married, the husband is presumed to be the father and you need to rebut this presumption.

If you deliver before the divorce the biological father won't be signing squat - the birth certificate will be marked 'refused' unless you husband wants to sign off on it (which I doubt because that puts him on the hook for child support for a child that's not his). You can however, give the child the biological father's last name if you want. Mr. Love is correct though that you will want the biological father to sign an affidavit of parentage and get the birth certificate changed to reflect him as the father ASAP after the divorce.