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

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By
Massachusetts Law Reform Institute
Based On
an AmeriCorps Project of Western Massachusetts Legal Services
Reviewed
Reviewed
Text

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.

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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.

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.

Sign the Voluntary Acknowledgement of Parentage form.

Both you and the biological father of your child need to sign a "Voluntary Acknowledgment of Parentage" form. You can get this from from the Registry of Vital Records or from the clerk in the city or town where your child was born.

File the Affidavit of Non-Paternity and the Voluntary Acknowledgement of Parentage

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
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What if my husband won't sign the Affidavit of Non-Paternity?

If your husband will not sign the Affidavit of Non-Paternity, talk to a lawyer. You may be able to get some information from a Court Service Center, but this is a complicated situation. You might need to get a lawyer.

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Probate Court: help filling out forms

The Court Service Centers can help you fill out Probate Court forms, by Zoom or in person.

Some Probate Courts have Lawyer for the Day programs. Contact the court directly to see if your court has one.

Learn more about finding a lawyer.

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