Cutting Edge Solutions...

Old Style Service And Values

Attorneys Vic Hill and Brad MacDonald

How will Kardashian divorce affect her child’s paternity?

It was recently announced that reality television star Kim Kardashian is pregnant with the child of her long-term boyfriend, hip-hop star Kanye West. Kardashian quickly confirmed the rumors, stating that she is about three months pregnant and due in June. And while West, Kardashian and her family have been vocally joyful about the impending birth of the child, there is one small detail that appears to have been overlooked in many media reports: Kardashian is still married to Kris Humphries.

For our Atlanta blog readers who are not familiar with the Kardashian/Humphries divorce saga, we will bring you up to speed. Kardashian and Humphries, a professional basketball player, were married in August 2011. Kardashian filed for divorce just 72 days later. In response, Humphries filed for an annulment on the grounds that their marriage had been a fraudulent attempt to gain publicity for Kardashian and her brand. She has denied that allegation, but the case has dragged on for more than a year as a result.

Now, the couple is scheduled to appear in court next month. However, it does not appear that either party is willing to budge, so their divorce will likely end in a trial. Current speculations state that such a trial would not take place before June which, coincidentally, is when Kardashian is scheduled to give birth. As such, she will likely still be married when her baby is born.

So how will that affect the baby’s paternity? Probably not much. There is a general presumption in the law that the father of a child born to a married woman is her husband. However, that presumption can be rebutted through genetic testing. As such, Kanye West’s name will almost certainly be on the birth certificate.

Source: Yahoo, “Will Kim Kardashian Divorce Kris Humphries Before KimYe Baby Arrives?” Jeremy Blacklow, Jan. 2, 2012