What if I have this baby before I am divorced??

[Twinkie]

Does X2b have any rights with regards to his baby if I am still married to him?? (it is not his by the way!)

I hope bloody not!

Not unless he has the gall to try to claim that he IS his son, I would have thought!

do you think he would do?

No, unless he can demostrate ios his son which is easy to dismiss with a DNA test.

Not sure - he is being nice at the mo - putting house on market adn being a bit friendly - although won;t tell me when his new super paid job starts!!

Just want to make sure I know if he has any rights or anything so I can put a stop to anything before it starts!!

Don't even raise the thought in his head. But if he does bring it up, just tell him you'll be happy to do a DNA test. He KNOWS he's not the father.

Yes he most ceratinly does know - the thought of touching him makes me sick!!

No, of course he doesn't have any rights, don't worry!

None whatsoever. It's not his child. Don't worry.

I should check the legal position. I think there used to be some rule that the husband had to go on the birth certificate if the woman was married. I remember reading about it causing problems in surrogacy where the non-surrogates dh donated the sperm but wasn't allowed to be registered as the father. Hopefully this has now been changed, but it may be wise to check before it becomes an issue.

Twinkie, I am in the same position as you, getting divorced but have just had DS with my new partner - I can't say it has occured to me but then my split is amicable and extobe-DH knows all about baby. He hasn't mentioned the situation with regards to divorce. Like someone else said, don't put the idea in his head! As I see it the baby is part of your new life and the divorce is to get rid of the old!

Twinkie, try not to get too worried about it, but I think that if you are still married to him, he is able to walk into the register office and register the birth, putting himself down as the father, because there is a legal presumption that a married woman's baby is fathered by her husband (actually in olden times this protected married women from being rejected by paranoid husbands in an age when dna testing did not exist). You will probably have to tell the registrar that you are going through a divorce and are registering a father who is not your husband - bring along some divorce correspondence when you register the birth. However, it is extremely unlikely that your ex would even think of doing something so weird as pretending the baby is his - but I know how these fears are about what exs might get up to - I instructed my estate agent not to let anyone with my xp's name come and view my flat! Perhaps you can make a point of registering the birth promptly, and not tell your ex that you have had the baby until afterwards?

i think if you want the fathers name on the birth certificate, and you are not married to the father, he has to attend the registration with you. your dh has no rightsd to child, its not his.

He isn't able to register the birth if he's not the father, even if you are still married to him. The registrar should ask if he is the father and if he isn't then he can't register (unless he lies obviously) in which case he is committing perjury. The information on the certificate relates to the father/mother. If you and baby's dad are unmarried but dad comes with you to register then he automatically has parental responsibilty.