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What if I am married but I have a baby with another man?

Produced by an AmeriCorps Project of Western Massachusetts Legal Services updated and revised Massachusetts Law Reform Institute
Reviewed October 2009

I am married, but I had a baby with another man. I want the baby's real father to be on the birth certificate. What do I do?

If you are married to someone other than the father of your child and you want the biological father’s name on your child’s birth certificate, you need two forms: an Affidavit of Non-paternity and a Voluntary Acknowledgment of Parentage form. You need to complete the forms, sign them in front of a notary public and file them,

  1. Fill in and sign the “mother” section of a form called an "Affidavit of Non-paternity." You can get it from the Department of Revenue (DOR) or from the Probate and Family Court.
  2. Your husband needs to sign the “presumed father” section of the same form.  The form says that he is not the father of your child. If your husband does not sign the form, then legally he is the father and he has to support your child.
  3. Both you and the biological father of your child need to sign a "Voluntary Acknowledgment of Parentage" form
  4. File the Affidavit of Non-Paternity and your child’s birth certificate at the office of the city or town clerk in the city or town where your child was born.  If you want the biological father's name on the birth certificate, you first need to
    1. file the Voluntary Acknowledgment of Parentage with the Probate Court
    2. get a certified copy from the court
    3. file the certified copy  of the Voluntary Acknowledgment of Parentage at the office of the city or town clerk where your child was born
  5. If your husband will not sign the Affidavit of Non-Paternity, talk to a lawyer. Call your local legal services organization to see if you can get free legal help. If you cannot find free legal help, try to find a private lawyer who can advise you at a price you can afford.

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