Kris Humphries will not be the presumed father of Kim Kardashian’s baby with Kanye West, Wetpaint.com reported on Thursday, Jan 3, even though Calif. Law says that the husband of the pregnant woman is presumed to be the father.
TMZ cited Calif. law when they said Kris Humphries could lay claim as the father of Kim’s baby if he so chose, as the couple will still be legally married at the time Kardashian gives birth. However, the Huffington Post cited a family law expert, who explained that, according to Calif. state law, a couple must be cohabitating in order for a judge to assume that the woman’s husband is the father of her baby.
Attorney David T. Pisarra said, “Since Kim and Kris are separated the presumption of Kris as the father would not apply. I imagine that when Kimye is born, Kim will name Kanye as the father and he will sign a Declaration of Paternity, just like thousands of other unmarried couples do.”
Therefore, Kardashian and West will not have to provide evidence of their baby’s paternity, as previously reported. However, if Kim would simply grant Humphries an annulment based on fraud, the entire legal question of paternity at the time of the baby’s birth could be eliminated and all parties could move on with their lives.
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