Is it legal in the US that a baby does not bear his/her father's last name? Can the mother impose hers?

Question

My ex-partner and I just had a baby. We broke up a few months before the baby was born, over our future plans. Since I didn't want to get married, she decided to cut me off from the prgenancy and now she doesn't want my baby to bear my last name. She wants the baby to carry hers. I am not a US resident but she is a resident in the Sate of New York. I want to have a close relationship with my baby and its important for me that the baby carries my last name. Can someone tell me where do I stand on this? Thank you

Answer 1

you'll be listed as the father of the child on the documentation to apply for the birth certificate (unless she puts down "unknown"), but the baby will have the mother's last name. Also know that you'll be responsible financially (child support) if you wish to pursue this with an attorney.

Answer 2

I live in new york state and had a child with a man I wasn't married to. In this instance, the law gives the mother full control over the child's first, last, and middle names... and even the decision as to whether or not to put a fathers name on the birth certificate. The way the court see's it, if the father wants control over these things, he should have married the mother prior to the birth. There's absolutely nothing you can do about it.

I chose to give my child the fathers last name, because I feel its important for a child identify with his/her father regardless of marital status, and our relationship was long term and solidly in place at the time of the birth. We were together for almost 12 years, and though we aren't together now, he has a strong and consistent relationship with our child, and he and I still have enough of a relationship to be able to raise our child together, even though we aren't together. Your circumstances are much different. Not only have you ended the relationship during the pregnancy, you're not a US resident.... she has no idea if you'll stay or go.... and ending the relationship while she's pregnant would certainly go along way in proving you're not reliable. Giving that child your last name would be a stupid thing for her to do under those circumstances. I wouldn't do it....

Answer 3

There is nothing you can do legally since you are not married to her and you don't even live in the states so that is another strike. She can name her baby whatever she wants without any say from you. Most Moms want their child to be named after the father, but there are cases in which the Mother is so mad she decides for the baby to have their last name. She is within the laws of any of the states here. Unless you are there to sign the birth certificate you can't do anything. Sorry.

Answer 4

the mother can give the baby her last name, it is legal in the state of new york. but there is no reason that you can not have a close relationship with the baby. if she is not letting you see the baby, then you will need to take her to court and blood test will need to be performed on all of you to make sure you are the father of the baby and that can not be done until the baby is 6months old. but you should begin the process now, because it can take time before this will go in front of a judge. if you really want to be a part of this babies life then you may have to work hard to get it, and it can be costly. but don't give up!!

Answer 5

it is legal for her to keep her last name, you could talk to her and tell her how important this is to you, maybe you should get a dna test , there might be a reason she doesn't want you to have your last name on the new baby. You do not have to be a citizen of any state, it is your right to have relationship with your child weather she likes it or not, get a lawyer to help you if this a issue. I wish you luck, woman can be real mean when it comes to kids, they think they are in control. You helped make the baby, you should have rights to see him/her. GOOD LUCK TO YOU...

Answer 6

She can give the baby any name she pleases, despite what you want. You may be able to hire an attorney, prove your paternity (DNA test), and have your name added to the birth certificate (if it is not already there), but she can still give the baby any name she wants. Sorry, but unless she later files to change the child's name, that is the name the child will carry for his life.

Answer 7

You still have parental rights. The baby is your child, however, you will still have to go to court to get your rights since you and your girlfriend never married. She can use her last name as the babies last name if she wants too, and there's nothing you can do, legally, to stop her.
What's really important is the bond you have with your child not what the baby's last name is.

Answer 8

If you are not married, your name does not have to appear on the birth certificate. You can go to court to show that you are the babys father, with DNA proof. You will then be required to pay child support and regular visitation will be set up. Don't you think that it would have been simpler to alter your future plans, just as she had to?

Answer 9

Mom- Ibarra Dad- Escalante

Answer 10

if you are not married to the woman than she can have her maiden name on the child. if you didn't sign papers at the hospital while she was in labor , you will have to go to court now for a name change. i really don't think you can force the issue...without a good attorney an blood test an a real fight on your hands.