questions & answers

Question: I’ve been married for over 3yrs but he’s been in and out of prison and cheated several times so we separated about 1 1/2 yrs ago. I started dating someone and got pregnant . When I had the baby I didn’t know it was illegal for the boyfriend to sign the birth certificate and not put my husbands name until a friend told me. So what do I do to fix it without getting in trouble? Like I said I had no idea as this was my first child.

Answer: You are not going to get into trouble.  When you are married at the time of the child's conception and birth, there is a legal presumption that the husband is the father.  However, it is what the law refers to as a "rebuttable presumption."  That means that you can overcome it by presenting evidence to the contrary.  If your boyfriend agrees he is the biologic father and was willing to sign the affidavit to have his name on the birth certificate, that is some evidence to overcome the legal presumption.  If your husband is unwilling to agree that he is the father, that also helps.  Go to the Vital Records section of the Arizona Health Department's website.  You can call the Vital Records Department and talk to some one there.  They are very familiar with this situation and should be willing to answer your questions.  The phone number is (602) 364-1300.  The website also allows you to email specific questions to Vital Records and get the answers you need.  Go to: https://www.google.com/search?q=Arizona+Department+of+Health+Services+vital+records&ie=utf-8&oe=utf-8&client=firefox-b-1-ab.