Family name for a kid born outside marriage?

Question

Hi!

I have an important question, and need a real answer.

I'm expecting a baby, and the father and I are not married (I've just divorced). Can ,under british laws, the baby have is father's name? Or will he take my name?

We live in switzerland, and are both Swiss/British. Can the baby have both nationalities? He won't be born in Britain, so no sole right, but the father was born in th UK.

Thank you for your replies.

Cheers.

Thanks for your replies....

Well, I will check with our local British consulate. Under swiss laws, the baby takes the mum's name (by chance, I've taken my maiden name back, otherwise he would be named with my ex name), so I wonder if we can use British laws, as we are both brits...

Yes, for me as well it would be normal, he has his father's name....

Answer 1

IT DOESNT MATTER GIVE THE KID HIS FATHERS NAME ITS NORMAL

Answer 2

Yes you can give your baby it's fathers surname if you want to. I'm guessing the father is a new love interest after the divorce and it would easier to do that so you don't have to change the kids name when you do marry him.

I'm not sure on the nationality one, i think if the baby is born in Switzerland and one of the parents are Swiss then the kid will be Swiss, or maybe it has to do with where you register the birth!

Answer 3

I am not sure about the baby's nationality but the Passport Agency might be able to tell you.

Under UK law, when you register your baby's birth, if you are not married to the father the baby CAN take the father's surname, IF the father is either present with you when registering the birth, or if you have a letter from the father giving his permission to be named on the birth certificate as baby's father.

As an unmarried mother, you alone will have Parental Responsibility for the baby under the law of England and Wales, but you can agree with the father that he can share Parental Responsibility with you. You can draw up a Parental Responsibility Agreement with him that can be registered at the Principal Registry of the Family Division at the High Court in London I think it is. Such an agreement could be very useful to the child if there is ever a time when he needs dad to be able take charge, for example if you were ill and unable to make decisions for him.

If you don't have the father's agreement to name him on the birth certificate, then under UK law the baby must take your name. My ex husband divorced his firsrt wife on the grounds of her relationship with another man. She got pregnant by the new man but as a divorced woman she was not obliged to revert to her maiden name. She registered her child with the name she was using - her ex-husband's surname. Personally I think that was a little weird - she was in a relationship with the child's father whose surname was actually much nicer than the ex-husband's anyway, but there you are!

Answer 4

In the U.K the baby can have the father's last name on the birth certificate with the fathers permission.
Not 100% about the nationality issue but think the child will have British nationality.

Answer 5

If the father agrees to it, his name will be on the certificate.
It is much easier if the child has the mother's surname, much less confusing at school, etc etc. A route I would recommend, by the way. I absolutely loathed my ex-husband but stayed with his name for my children's sake. I know many unmarried mothers and it is a toss-up. You decide how involved the father is in your life.
You need to consult the British embassy about nationality.

Answer 6

It really does depend what you want doesn't matter if you are married or not you can give the child's surname either yours or your partners, But if you split and the child has his fathers name you will only be aloud to change it with his consent.
I would not stick with tradition that the child must have it fathers name, it is outdated. If i was you i would just double barrel the child's surname then at least you have your name in there as well.

Answer 7

The child should have name of the person who fathered him even if you are divorced. However, if you don't want to reveal that , give your name to him.
Citizenship will be governed by the local laws where you are resident of.

Answer 8

if you're divorced, i see no reason why he/she should carry its father's name. i'm pretty sure if the UK is anything like the US, that it can be done for the baby to have YOUR name, since, after all, you are its primary guardian.

and if you want it changed, i'm sure that's possible too, even if he has to adopt his father's name at first. people in the US get their names changed to all sorts of crazy things all the time for no reason, so you should be able to get a perfectly legit request through. good luck!

Answer 9

why not combine the two surnames i.e double barrel the surname's for the baby so he/she has both your names like say smith-brown, its an idea, maybe that would solve all the problems...good luck with baby.

Also I think as you are both British the baby automatically becomes a british citizen too, therefore he/she will be dual citizen of bothe sweden & britain

Answer 10

The baby will have the last name of the man who signs the baby's birth certificate.

Answer 11

Hi
My daughter has her father's name and we were never married. I preferred her to take his name so it did not look like her father had disowned her.
However, I take my daughter abroad frequently and her having a different name on her passport to mine always provokes questions - you immediately become suspect of child abuction. Once passport control insisted on ringing the father and said thatI should travel with a letter of consent ???? (Like how do they know who wrote it?)
Also, school teachers make assumptions