Kelly Rutherford: Husband claims he wasn't notified of daughter's birth.

Kelly Rutherford: Husband claims he wasn't notified of daughter's birth.

Kelly Rutherford, the Gossip Girl star welcomed her second child, daughter Helena, on Monday, but Daniel Giersch, the actress's estranged husband and a German entrepreneur claims that he was not notified of the birth. He also said that he instead read about it in online reports, some unfavorable toward him.

Kelly Rutherford, forty, and Daniel Giersch, thirty four, are currently mired in a custody dispute over their 2-year-old son, Hermes. Apparently, the ill will from a divorce and custody battle with Rutherford has now reached the hospital delivery room.

"Media reports claiming that I neglected to attend my daughter's birth are total lies and fabrication," Giersch says in a statement. "I was never informed by Kelly about the birth of our daughter, nor was I invited to attend. In fact, I found out about it through Internet reports like everyone else. Although this sickens me, I am of course overjoyed that our baby was born healthy. I would've wanted nothing more than to hold our newborn daughter for a few moments, and I only seek to coparent both our children responsibly and with love."

According to Giersch, he had a verbal agreement with the actress that he would be notified by phone or text message of her labor, hospitalization, and the child's birth – which he alleges never happened.

Jill Fritzo, Rutherford's publicist says, "The doctors advised that no one be in the birthing room; Daniel was notified when Helena was born and was immediately invited to come to see her."