There has been a lot of hullabaloo about whom the biological father of Kim Kardashian’s baby is. According to a report from ABC in Los Angeles, Cal. on Jan. 5 and California state law state that the natural father of the child automatically is presumed to be of the person she is currently married to. That is; if the child is born within 300 days after the divorce becomes final.
Now Kim and Kris Humphries were married for a total of 72 days before they filed for divorce. All the details of the divorce proceedings aren’t all finalized yet. There are still issues that the two are still working through. Therefore, the final decree is on hold until everything gets resolved.
Kris is holding out on the finalization of the divorce papers until he has an admission from Kim that their marriage was a fraud. He also wants her to return to him the engagement ring he gave her that is worth $2 million.
The Huffington Post reported on Jan. 2 that the California law seems off in terms of how it applies to Kim Kardashian, Kris Humphries and Kanye West. The law stipulates “that the couple also needs to be cohabitating”. This hasn’t been the case for Kim and Kris for quite some time. Kim had been vacationing in Rome three months ago when she knew officially a child was conceived. Their separation may be just the key factor in eliminating the complications in proving the paternity of Kim’s unborn child.
Now since the terms of the relationship and time of conception differ from the legal terms of the law further documentation will be needed. Kayne West will have to sign a Declaration of Paternity to protect the rights of the child he truly believes is his.
Other media reports are looking for clear and convincing evidence that would prove without a shadow of a doubt that Kayne is the father and not Kris. With Kayne’s signature on this paternity form no other proof will be necessary to prove the child is his. California will accept the paternity form as solid proof and not look further to DNA testing of all the parties involved.
The laws for paternity were designed to protect the child. In this case it seems to have gone a little further with the complexity of how paternity can be resolved for all concerned.
© 2013 Beverly Mucha / All Rights Reserved
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