- (Photo: Reuters)
Kanye West and Kim Kardashian's child may technically belong to NBA player Kris Humphries, according to California state law.
Since Kardashian,32, is still legally married to Humphries, 27, the law in her native state could provide rights to her husband, according to TMZ reports. Although rapper Kanye West announced that he is the father of the reality television star's unborn baby, the website cited that Humphries could be considered the legal father due to his marital status.
Despite TMZ's claims, David T. Pissara, attorney and founder of Men's Family Law, recently explained that there is a loophole in the California state law that could ensure that West is considered the father of Kardashian's future child.
"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," Pisarra recently told The Huffington Post.
According to Pisarra, Humphries would not be presumed the father because he is legally separated from wife Kardashian. West will presumably also confirm his paternal rights when he signs a Declaration of Paternity upon the child's birth.
"Since Kim and Kris are separated the presumption of Kris as the father would not apply," Pisarra told The Huffington Post. "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."
Kardashian's announced that she will be a mother last Monday on her personal blog.
"It's true!! Kanye and I are expecting a baby. We feel so blessed and lucky and wish that in addition to both of our families, his mom and my dad could be here to celebrate this special time with us," Kardashian wrote on her Celebuzz blog.
The "Keeping Up With the Kardashians" star is reportedly 12 weeks pregnant.