Kelly Rutherford and Daniel Giersch on January 11, 2006.<br>John Sciulli/Wireimage.comUs Magazine
Gossip Girl star
Kelly Rutherford became a mom for the second time on Monday -- but her ex is hardly celebrating.
The actress, 40, welcomed a daughter, Helena, in Los Angeles on Monday, an attorney for Rutherford's ex, German businessman Daniel Giersch, tells Usmagazine.com.
"We confirm the party's [Daniel Giersch] daughter, Helena, was born yesterday," lawyer Fahi Takesh Hallin told Us on Tuesday.
Check out pics of Hollywood's hot moms on the goBut a source tells Us the birth came as a surprise to Giersch, who is currently in the midst of a heated divorce with Rutherford.
Giersch had filed paperwork to be notified when Rutherford goes into labor, says the source.
But the insider tells Us, "She failed to tell him, and instead he found out this morning on the Internet."
Check out Hollywood's ugliest divorcesAdds the source, "He was robbed of an opportunity to be at the hospital when his child was born. He is sad and disappointed."
See Us' baby bump hall of fameAfter two years of marriage, Rutherford filed for divorce from Giersch in January -- while pregnant with their second child.
The two have since engaged in a nasty war of words over who is the better parent as they continue to fight for custody of their son, Hermes, 2.
Asked at a May 22 hearing if she and Giersch could have an amicable relationship, Rutherford told reporters: "I don't see it."
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