TMZ first reported that under California law, Kris is the assumed daddy and that Kimye would need to prove paternity if it were questioned.
A source at the Huffington Post, however, says Kardashian and West don’t need to worry. "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," attorney and founder of Men's Family Law, David T. Pisarra told HuffPo.
He added, "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."
Kim Kardashian and Kris Humphries are still married, but the Brooklyn Nets forward is not the “presumed father” of Kim and Kanye West’s baby.