My son's ex-wife is pregnant by a guy who is living with her, but is not married to her. She went back to using her maiden name after their divorce. This has started a debate in our family. When she has the baby, can she choose any last name for it that she wants, or is she legally limited to the biological father's last name or her maiden name?
2006-09-01 07:07:15 · 38 answers · asked by Anonymous in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
Any name. even your son's if she wants.
2006-09-01 07:09:52 · answer #1 · answered by who be boo? 5 · 2⤊ 0⤋
She is allowed to use any last name she wants. She isn't married to the guy and even if she was she could still use her maiden last name. There is no law stating that you have to use a certain last name on your new baby.
If I was her, I would do the same thing. She is divorced and doesn't want to have his name any more. She wants her last name to be the same as her baby's so she chooses her maiden name. Or say you uses your son's last name even though it isn't his baby. She can do that also. Any last name she wants the baby to have, is legal. Sorry. Put yourself in her position. Even if you don't like her, just try seeing it from her point of view.
2006-09-01 07:16:39 · answer #2 · answered by Tired-Mom 5 · 0⤊ 0⤋
I am not married to my partner ~ but when we had our daughter I had to have him sign a form and have it notorized to use his last name for the child. So, if you are wondering can she use your sons last name ~ the answer is no if she legally had her name changed back to her maiden name. However, if her last name is still legally his last name, then yes ~ the baby can have the same name as her. Whatever her legal last name is will be the babies unless the new man in her life wishes to give it his. In that case he will have to fill out papers in the hospital and prove that he is who he says he is by showing some type of picture ID.
2006-09-01 07:13:45 · answer #3 · answered by JUNONNKI 3 · 0⤊ 1⤋
She can use her maiden name, or the father's last name, if he is on the birth certificate.
I gave my third son my ex-husband's last, but I had kept it after my divorce, because I didn't want a different last name then my kids. That is why I gave my baby the same last name. I did ask my ex first, but legally he could not have stopped me.
2006-09-01 07:11:35 · answer #4 · answered by Faith M 2 · 0⤊ 2⤋
It is her last name or maiden name or the biological dad's last name. if she chooses a last name, such as your son's, he can ask for a DNA test, (because doing so will be saying it is his flesh and blood-unless he adopted the baby or something) and she will be court ordered to change the name on the birth certificate....this girl seems really dumb by the way, just thought i would let you know she seems desprate for conflict.
2006-09-01 14:20:18 · answer #5 · answered by *mommy to two* 2 · 0⤊ 0⤋
You can make up any last name for your child that you want. She is required to put the biological fathers name on the birth certificate, but other than that she can go with Smith, Jones, or Appleseed if she wants. It does not have to be hers, or his. Just make sure for your son's sake that she puts the right name on the Birth Certificate.
2006-09-01 07:13:45 · answer #6 · answered by yzerswoman 5 · 1⤊ 0⤋
I do believe you can give the child any name - first or last, you want. My mother had my sister & I w/ a different man than my 3 younger sisters. She didn't want to have her children have different last names, so 2 of my younger sisters have the same last name as my sister and me. My youngest sister has her father's last name (he is the father of my other 2 sisters as well), he insisted she have his last name by that point.
2006-09-01 08:00:51 · answer #7 · answered by jetaunbraese 3 · 0⤊ 0⤋
She can give it her maiden name, or the fathers last name. I am not married to my common-law husband so our son has his last name
2006-09-01 07:55:24 · answer #8 · answered by mommy_2_liam 7 · 0⤊ 0⤋
I'm not exactly sure how it works, but after my girlfriend and I had our son we named him after me with MY last name instead of hers and we're not married, but maybe that's the way it's done. I guess you use the father's last name on the boys and maybe the mother's last name on the girls, but I have no idea. I only have the one kid for now.
2006-09-01 07:43:08 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Names are not personal property.. Funny ain't it. The mother of my two boys got knocked up after we had parted ways by some guy. When the baby was born she gave it my last name. I talked to a lawyer he told me that you can name your child anything you want to. I think it is kinda wrong.
2006-09-01 07:19:42 · answer #10 · answered by Casca 4 · 0⤊ 0⤋
I dont know how its done, but I had a girlfriend, who lived in my apartments years ago, who, gave all three of her kids, her maiden name, legally... So, its okay, just have her to ask the hospitol, how its done......This was in Nevada....Then my best-friend growing up, did the same thing, she gave her son her maiden name, until, he got older than had it changed, to his father's last name, and that was in Cal... So, just call the Vital of Statistics......office, and see how to go about doing it.....Good-Luck, to you & your son.........
2006-09-01 07:21:56 · answer #11 · answered by Hmg♥Brd 6 · 0⤊ 0⤋