Dennis P. Mikko Attorney at Law | Dennis P. Mikko
There is a rebuttable presumption in the law that a child born during a marriage is a product of the marriage. Since you are still married, your husband is presumed to be the father. In a divorce proceeding you could challenge your husband's paternity. This would require the biological father to come forward and admit paternity. Once non-paternity of your husband is established, the baby's birth certificate could be amended to reflect the true father.
Answer Applies to: Michigan
The Law Offices of John J. Carney Esq. | John J. Carney
Interestingly, a mother can put any name she wants on a birth certificate, no matter who the father is. This does not make that man the father, nor does it effect custody or support. You should get a paternity test and determine who the father is and then get a support order if it is not your husband, unless you know for sure it is not your husband's.
Answer Applies to: New York
Law Office of Maha A. ELKolalli, P.A. | Maha A. ELKolalli
Yes but you should be aware that any child born during a marriage is considered to be a child of the marriage and your husband has legal rights as the father of the child regardless of what you put on the birth certificate.
Answer Applies to: Florida
Ezim Law Firm | Dean Esposito
The only way you can do so is at birth, you, your husband, and boyfriend will have to execute an affidavit stating that your boyfriend is the father of the child. It is a 3 party affidavit you can obtain from Louisiana Vital Records.
Answer Applies to: Louisiana
John Russo | John Russo
Why not it is his baby, if you give it your husbands last name guess what happens, if you said he becomes the daddy you win. And if you did not do something within a reasonable time frame all the DNA test in the world won't change that fact.
Answer Applies to: Rhode Island