my ex has my last name will her baby have my last name?

Question

when we divorced it was in the papers that she was to take her last name back. she never did and now she is pregnant and having this child soon. will it have my last name if someone does not claim it???

i care because it is not my child and iam remarried she does not need my last name and i dont want a child that is not mine to have my famliy name!

i have discussed it with her and she says she is gonna take her name back which she has to its in the divorce papers and she doesnt know who the father is. ne one got in ne websites to suggest because i have found nothing

Answer 1

She can pretty much give it any last name she wants. I am not married, but I gave my baby my fiance's name. I know people who were pregnant by someone other than their boyfriend and gave it their boyfriend's last name. (My fiance is the baby's father btw.)

Answer 2

At the begining the hospital will use the last name of the mother (which happens to be your last name) for security purposes and to identify that baby with the mother. Before the mother is discharged she will fill out paperwork during which she is to give the name she want to the baby. At this moment she can drop your last name and give her the father's last name or her maiden name as well.
Do not worry about the idea of the baby having no other option then to have your last name. The thing you must clarify is that your ex does not use you last name as the baby's.

Answer 3

If you are divorced, and the child is not yours, you really dont have any say in it. She can give the baby her maiden name, her married name (yours), or the name of the father.
If the divorce papers say she must take her maiden name back, you may be able to sue to stop her from giving the baby your last name. But it will be expensive, and may not be worth the effort.

Answer 4

All I can tell you is our experience. My husbands ex wife continued to use his last name because they have a child together. She then got pregnant & gave the baby her last name, which was his last name. She claimed that she tried to give him her maiden name & she was told she had to give him the same last name she has unless his father is in the picture. All I know is it is very irritating because everyone we come into contact with thinks he has 2 kids by her merely because of the same last names. I would think that since she was supposed to get her last name changed that you could fight it but I'm not sure.

Answer 5

It all depends on what she puts on the birth certificate, but if no one claims that child, and she is using your last name, it will most likely end up with your last name. However, if it is not your child, even thought it has your last name, you will have no responsibility to it.

Answer 6

That would depend on how she requests that it be done when she fills out paperwork to take the baby home. You can request that the baby have the fathers last name.It would also vary from state to state so you better check. If this is so important to you, why not discuss it with your ex before the baby gets here.

Answer 7

Sense your divorced then the baby should take the father's last name your not the father so the baby could take the mother's maiden name.

Answer 8

Yes but you are not financially responsible for the child. If the father steps up the child could end up with his last name.

Answer 9

The mother signs the birth certificate in the hospital (as my wife did this past weekend).

She can decide to use her name or yours.

Aside from signing (or not signing) to acknowledge paternity, the father is NOT a decision maker regarding the name.

Answer 10

Assuming the child isn't yours, why do you care? There must be thousands of people in the world with the same last name as yours.