Kim Kardashian, Kanye Will Not Have To Prove Their Baby's Paternity, Despite Her Ongoing Marriage to Kris Humphries

Reality star Kim Kardashian and rapper boyfriend Kanye may be celebrating in baby bliss after announcing that they were expecting their first child but recent rumors suggested that they could hit a roadblock in their child's birth in the form of Kardashian's estranged husband Kris Humphries.

According to a California law, called the Family Code, Humphries would be presumed the father of her baby because the two are legally married. CNN reported that, "A man is presumed to be the birth father of a child if he is or has been married to the mother, and if the baby is born during the marriage or within 300 days after death, annulment, declaration go invalidity, divorce or after a judgment of separation is entered by the court."

However, recent clarifications on the law state that because the two no longer live together, Kanye would not be forced to undergo a paternity test in order to be listed as the child's natural father.

Attorney and founder of Men's Family Law, David T. Pisarra told HuffPost Celebrity, "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 togerher, 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," Pisarra continued.

CNN reported that Kardashian filed for divorce from Humphries in October 2011 after just 72 days of marriage. However, Humphries then filed for an annulment and separation from the reality starlet on December 1, 2011. A judgment of separation has not been granted yet and the two are tied in a bitter legal struggle as the Brooklyn Nets player refuses to grant Kardashian a divorce unless she admits their marriage was a fraud and returns a $2 million engagement ring he gave her, HuffPost reported.