Kardashian Curse: Kris Humphries Is Legal Father Of Kim’s Baby

Jan 04, 2013 03:27 PM EST | Matt Mercuro

Kris Humphries is the "presumed" father of Kim Kardashian's baby, according to California state law. In a report by TMZ, based on California's Family Code, Humphries is presumed to be father of the baby because the two are still legally married.

Kardashian filed for divorce only 72 hours after their much publicized wedding back in Oct. of 2011. The divorce is still not official however, and California's Family Code presumes a man is the natural father of the 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 of invalidity, divorce or after a judgment of separation is entered by the court."

Most believe that Humphries will want nothing to do with the baby, as he is trying to have his marriage with the reality star annulled rather than agree to a divorce. Yahoo reports that the former bride and groom will still be legally married when Kardashian, who is 12 weeks pregnant, gives birth.

A hearing is scheduled for Feb. 15 to set a trial date to figure out the whole ordeal.

Everyone knows Humphries isn't the actual father, as the two have barely been in the same room since Dec. 2011 according to The Inquisitr.

Kanye West is believed to be the father of the baby, as the two have been dating for almost a year.

Kardashian is reportedly "sickened" that Humphries is the father and can't wait until her divorce is legal and West can officially become recognized as the presumed father.

Kardashian announced she was pregnant on New Year's Eve on her blog, sending the media world into a frenzy. TMZ reported that the baby was most likely conceived in Rome as they celebrated Kardashian's birthday.

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