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father and mother (unmarried) are not in agreement as to whose last name the baby should take.

2006-09-14 12:38:09 · 17 answers · asked by Adam A 1 in Pregnancy & Parenting Newborn & Baby

17 answers

If they are not in agreement, I believe it defaults to the mother's since they are not married. Since they are not married, she is actually the only legal guardian of the child....he must petition to have joint custody.

2006-09-14 12:40:51 · answer #1 · answered by ADF 5 · 0 0

It all depends upon your state and the laws really.

Here in WI, the baby can not have the father's last name if the parents are NOT married until a certain form that has the father acknowledging paternity is filed by the parents with the state. Until the form is entered and the new birth certificate is mailed, the baby has the mother's last name.

Check with your state dept of health, or with your hospital - they all should know.

If they say it is up to the parent's, the mother by law has the say if the parents are unmarried.

2006-09-14 13:37:18 · answer #2 · answered by volleyballchick (cowards block) 7 · 0 0

You been the mother and not married to the father have the right to choose what name you want on the birth certificate, Which is hard and sad for the father but if you both have love one for another does it really matter? You both have this beautiful little baby to love and a name is just a name, dont waste time in disagreement over which surname your baby should have,babies dont stay babies for long. You can meet half way and have both surnames.

2006-09-14 12:51:51 · answer #3 · answered by Happy-as-can-be 2 · 0 0

If the mother is not married at the time of birth, it is her choice. Also, all states are different, but there has to be a DNA test done before a father can be put on the birth certificate.

2006-09-14 12:50:24 · answer #4 · answered by RainCloud 6 · 0 0

Depending upon the state you live in, you need the unmarried father's written permission to use his name on the birth certificate. If you cannot agree, utilize the mother's name. It can always be changed legally through marriage or through the town hall later on.

2006-09-14 12:51:03 · answer #5 · answered by ~BluemoonAngel~ 3 · 0 0

If the father wants to be responsible, claims the child, unless the mother wants him off the birth certificate, she should probably use the father's name, if she wants to use her last name and avoid the father's rights I believe she has to put the father down as unknown. this could vary from state to state and varies a lot from country to country

2006-09-14 12:49:17 · answer #6 · answered by magpie 6 · 0 0

Even married couples can go through this. The truth is that you can choose any last name under the sun for your baby. It doesn't even have to be the parents last name. You can combine the two if you want.
I suggest that if you are undecided that you hyphen the two names (e.x. Smith-Jones). That is what my ex and I did. If you get married then if you and your spouse so choose you can just informally drop ones of the names. or if you split up then the baby will feel a part of both parents.

2006-09-14 12:45:08 · answer #7 · answered by yzerswoman 5 · 1 0

It's up to the mother. If you want your last name on the birth certificate, marry her.

2006-09-14 12:39:57 · answer #8 · answered by T Time 6 · 1 0

hyphen them. I believe it would be up to the mother. If mother and father are not togehter then put the mothers because it will be easier for school later on. Otherwise I would jsut hyphen it if it sounds good. I wouldn't know which name to put first. Mother-Father or Father-Mother...lol

2006-09-14 12:40:34 · answer #9 · answered by Caitlyn's Mommy 2 · 0 0

either the father or the mother or both surname can be given. if it was my choice i would have used my surname because i bear the pain

2006-09-14 12:43:58 · answer #10 · answered by Anonymous · 0 0

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