Is Kris Humphries ‘legally’ the father of Kim K’s baby, according to California law?

kimkardashianlaceseethroughScreen shot 2013-01-05 at 3.43.53 PM

There was some bru-ha-ha this week about the “legal” paternity of Kim Kardashian’s baby when TMZ noted that California law presumed a woman’s husband to be the father of her child. They went on to add that Kim and Kanye would have to provide “clear and convincing evidence” if Kris were to challenge them on that.

This is all ridiculous because it’s obvious that Kris Humphries is not the father of Kim’s baby and simple paternity test could prove that, but it turns out that TMZ’s interpretation of California law was a bit off as well. In California, presumption of fatherhood for a husband also requires cohabitation, something that definitely isn’t going on (and appeared to not be going on too well while they WERE together.)

A California family law attorney told The HuffPo:

“California law is clear that when a child is born to a married couple the presumption of fatherhood is in favor of the husband, but that assumes they are living together, cohabitating in legal terms. Since Kim and Kris are separated the presumption of Kris as the father would not apply. I imagine that when baby 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 to protect the rights of the baby to have both loving parents in his/her life forever.”

Whew, now we can all sleep tonight and enjoy our weekends knowing that Kris Humphries isn’t “legall” Kim Kardashian’s baby’s daddy.

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  • GiGi

    Yuck! What is she wearing?

  • awoman

    Maybe if she would just give him the annulment and had back the ring she shouldn’t be keeping anyway, no one would be talking about this stuff.

  • tab

    if i were pregnant with another man’s child, i’d do whatever it took to get my divorce legal before the baby was born.
    it’s ridiculous that this has taken so long. they both need to grow up and get on with it already.

  • I mean why was this even posted???

  • mim

    this article seems pointless. or even to raise the issue is redundant. presumptions are rebuttable, and she doesn’t even satisfy the legal requirements for the presumption, so why is it even being discussed? seems like a quiet gossip media day if people are sh!t stirring this.

  • rainyann

    who cares, all of the “clan” are media whores and disgusting.

  • D

    Let’s see… when the baby comes out biracial, I think that will clearly indicate Kris is NOT the father.

    • LaQuita

      You do realize Kris Humphries is biracial

  • Lauren

    I was wondering about the assumed paternity laws in Cali. Interesting. But on a separate note: did a lawyer just say Kimye? Good lord.