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Kim Kardashian Pregnant With Kanye's Baby, But Still Not Divorced

By Andrew Lu on January 02, 2013 1:10 PM

So Kim Kardashian is pregnant with Kanye West's baby. As her divorce from Kris Humphries is still not finalized, however, there may potentially be a few legal hoops to jump through to establish paternity.

During an Atlantic City concert, Kanye literally stopped in mid-song and announced his girlfriend Kim Kardashian is pregnant, Reuters reports. The crowd erupted, as did fans on Twitter.

But lost amid the joy (?) of Kim and Kanye's baby news is a potential legal problem: Kardashian is technically still married to Humphries, a pro basketball player, The Huffington Post points out. While the two have filed for divorce, and have been going through the divorce process far longer than the 72 days they were actually married, they are technically still husband and wife.

In California, the husband is legally presumed to be the father of his wife's baby, reports TMZ. So in Kim Kardashian's case, unless she or Kanye takes any further legal action, Kris Humphries could potentially find himself in the position of being deemed the father of Kardashian's child.

Fortunately for Kim and Kanye, it isn't too difficult to overcome the presumption of parenthood when it comes to married couples -- or at least it won't be in Kardashian's case.

She and Humphries have been publicly separated for more than a year, and the two have made no qualms about not liking each other. In other words, the delay in settling their divorce is not due to some hope that they'll get back together. Instead, the two are still married only because they can't agree on anything.

In California, there are two main ways to establish parentage when a child's parents are not married. The father can sign a voluntary Declaration of Paternity, or can seek a court order to establish the same.

While Humphries can potentially seek to challenge such an order, he probably won't. Kardashian has been very publicly seen with Kanye West and it's no secret that the two have been together for the past several months. Kim and Kanye's baby was apparently conceived while the two were in Italy together, reports TMZ.

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