American in Canada question?

I'm an American who got married to a Canadian in America for 2 years moved here and divorced. I have never completed the whole process so I am not a resident here. I have lived here for a couple of years but never worked. I was about to leave when I met my Fiance, we are engaged and are expecting a baby in 3 months. My pport expired on March 2009 and I have to renew it. I know I know, I should have renewed it. But the point is I haven't and I am due in 3 months and I am not getting on a plane until AFTER the baby is born. My Fiance is a citizen of Canada (born & raised). Will the new pport (as there a new immigration laws that are in effect) have some sort of detection that I have overstayed when I leave to visit my family in America? We are getting married and I am applying resident status here. Thank you.