January 03, 2013 12:00 PM by Donna W. Martin
Since word of Kim Kardashian’s pregnancy hit the news, rumors and speculation regarding California’s paternity laws have spread like wildfire. How will Kardashian’s current marriage to Kris Humphries affect the baby’s birth certificate? Will The Keeping Up With The Kardashians star and her boyfriend, Kanye West have to provide clear and convincing evidence that West is the father before his name can be added to the birth certificate? Take the jump to find out.
According to the Huffington Post, attorney and founder of Men’s Family Law, David T. Pisarra said, “California law is clear that when a child is born to a married couple the presumption of fatherhood is in favor of the husband, but that assumes they are living together, cohabitating in legal terms.”
However, that isn’t the case for Kardashian and Humphries. While Kardashian and Humphries are still legally married, they are separated and don’t even communicate unless they are going back and forth over their pending divorce. Kardashian wants nothing more than to get the divorce behind her so she can move on and make a life with West but Humphries refuses to grant her a divorce unless she agrees to return the $2 million engagement ring he gave her and she admits their marriage was nothing more than a fraud.
“Since Kim and Kris are separated,” Pisarra added, “the presumption of Kris as the father would not apply. I imagine that when baby Kimye is born, Kim will name Kanye as the father and he will sign a Declaration of Paternity just like thousands of other unmarried couples do to protect the rights of the baby to have both loving parents in his/her life forever.”
So there you have it. Kardashian and West will not have to provide any type of proof that the baby belongs to West.
Do you think Kim’s pregnancy will convince Humphries to get over himself and grant the reality star a divorce? Post a comment and let us know.
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Photo Credit: ABC