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According to the law, a child born into a marriage is presumed to be the child of the husband, so therefore her husband is the legal father of the child. The purported biological father or the mother can file to force the child and possible father to undergo a paternity test, and the courts will use that information to name the biological father the legal father of the child.

The legal parents (wife and husband) can give the child any name they like at the child's birth. They aren't required to give the child the same last name that they have. Once paternity is established, the legal father can ask the court to give his child his last name.

2006-08-01 05:31:35 · answer #1 · answered by Mama Pastafarian 7 · 2 0

Well, see, the baby produced within a marriage is usually that of the husband's, but why would the husband want to give his good name to some scumbag's child? Obviously, the husband needs to file for divorce, and demand DNA testing before he gets stuck raising the product of his cheating wife and her lover.for the next 18-21 years. Good Riddance to trash!

2006-07-31 09:08:06 · answer #2 · answered by working mom of 3 4 · 0 0

A child born within the marriage is presumed to be a product of the marriage. That's just a fancy way of saying, whatever the mom wants to put on the birth certificate....and she can use her husbands.

2006-07-31 08:20:54 · answer #3 · answered by Lex 7 · 0 0

The child should get the name of the father that helped produce it. Put his name on the birth certificate and verify through DNA testing that he is the father and the state will make him pay child support.

2006-07-31 08:20:31 · answer #4 · answered by Anonymous · 0 0

Whatever name she wants to give the child. My daughter does not have her birth fathers last name, she has my maiden name. I was not married at the time.

2006-07-31 08:21:06 · answer #5 · answered by sunflowerlizard 6 · 0 0

If she is still married and is using her husbands name the baby will also get the husbands name.

2006-07-31 08:21:12 · answer #6 · answered by Anonymous · 0 0

1

2017-03-01 11:58:40 · answer #7 · answered by ? 3 · 0 0

the last name of the actual father.
unless she gets permanant custody and no custody to the biological father. then her last name. whichever she choses, maiden or married.

2006-07-31 08:21:39 · answer #8 · answered by myotheremail108 3 · 0 0

what ever the mother puts on the birth certificate

2006-07-31 08:21:20 · answer #9 · answered by Anonymous · 0 0

Whatever last name she chooses to give it.

2006-07-31 08:21:02 · answer #10 · answered by Christina 7 · 0 0

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