The Bar Association of San Francisco recently published an article titled Who’s Your Daddy regarding the legal woes of celebrities Kim Kardashian, Kris Humphies, and Kanye West. Attorneys Ariel Sosna and Sarah Van Voorhis analyze the presumptions and implications of Kim and Kris’ ongoing battle over their 72-day marriage, and the effects it may have on Kim and Kanye’s child. The article states:
' Since the news broke about Baby Kimye (the unborn child of Kim Kardashian and Kanye West), gossip websites like TMZ have been reporting that under California law, Kim’s estranged husband Kris Humphries is the presumed father. Headlines like “Kris Humphries—And the Presumption is…He’s the Daddy!” suggest that because Kim and Kris are still married, Kris will be the legal father to Baby Kimye. In reality, a legal presumption of paternity only applies if Kim is still married to Kris when Baby Kimye is born, or if Baby Kimye is born within 300 days after the marriage is terminated by death, annulment, invalidity, or divorce (Family Code Section 7611(a)). It is likely that Baby Kimye will be born in time to have this legal presumption apply. Baby Kimye is due in June of this year, and Kim and Kris’ annulment trial has not even been calendared—trial setting is scheduled for February 15, 2013. Unless the trial happens quickly after trial setting, Kim, Kris and Kanye will have some legal hurdles to deal with when Baby Kimye is born.
However, assuming they are still married, Kris will not be the “conclusive” presumed father under Family Code Section 7540, which requires the parties to not only be married but also cohabitating at the time of the child’s birth. Under Family Code Section 7611(a), however, there would be a “rebuttable” presumption that Kris is the legal father of Baby Kimye, assuming Kanye takes no action to make himself the father, such as being named the father on the birth certificate and/or signing a voluntary declaration of paternity. This seems unlikely.
This begs the question: if Kim filed for divorce in October 2011, why are Kim and Kris still married? As Kim’s lawyer stated to a Los Angeles County Superior Court Judge, Kim is “handcuffed to Kris Humphries,” because Kris has reportedly delayed setting a trial for his request for an annulment. In response to Kim’s petition for a divorce back in 2011, Kris requested an annulment based upon fraud.
He has reportedly spent all of 2012 propounding discovery, including taking the depositions of Kanye West and Kris Jenner, Kim’s mother. If Kris Humphries loses the annulment trial, the parties will then have to proceed with a divorce. It is highly likely that Kim and Kris will still be married when Baby Kimye is born—stay tuned! '
The likelihood that Kanye will forego signing the birth certificate is slim, considering their pregnancy is one which both parents are discussing very publicly, and is one of the most talked about events of 2013. However, reality TV never ceases to amaze, so we will all have to keep watch and see what 2013 brings for the celebrity trio.
Maria E. Crabtree, CFLS