My friend just became a daddy, but the girl didn't write his last name on the paperwork, what can he do?

Question

They separated and out of anger, when she gave birth, she wrote her last name on the baby. How can he claim paternity? What can he do?

Answer 1

The baby doesn't have to have his last name for him to claim paternity. If he wants to be the baby's father then all he has to do is step up, start paying a fair share amount of child support, keep good records, get an attorney, get DNA test and get legally recognized rights to the child.

Answer 2

more than a couple years back i know that where i live in california nowdays when you give birth the mother cannot put the fathers name on the birth certificate the father has to be present to sign what is called "declaration of paternity " papers just agreeing that he is the childs father and he is also signing for equal rights to the child there is three copys one goes to dad 1 goes 2 mom & the other one goes to the county recorder so that way she can put the fathers name on the birth certificate and if he is positive he is the father the best thing is a "dna" test so he can have equal rights to his child

Answer 3

Really he can't do anything because you can name your baby anything you want, but if she wants to also be nasty and take him for child support, there will be his way to change the baby's last name to his. Just because she doesn't have his last name doesn't mean that he needs to file for paternity, he could just go and get a acknowledgement of paternity and sign it to be added to the baby's birth certificate without all of the drama of a paternity test. Go to your local department of childrens and families or the vital statistics office and get the paperwork!!! Good Luck

Answer 4

if they are not married she can BY LAW put whatever name she wants on the birth certificate. He has no legal right have the child carry his name UNLESS they are married. He can go get a paternity test even if he is the daddy he will only have the right to seek visition / or coustody and pay support he won't get the right to pick the name. if they are married the child would get his last name OTHERWISE it's mom's CHOICE to have her baby carry or not carry dad's last name.

Answer 5

He can do absolutely nothing about what name she chooses for the baby. On that note, surnames have nothing to do with paternity. He can get a paternity test to prove he is the biological father if he wants to have custodial rights to the baby.

Answer 6

He has The right to sign the birthcertificate as for the last name if she chooses not to use it is really her choice but he can go thrue the courts and get a paternity teast even thoe he will provely end up paying child support he can do it that way.

Answer 7

Petition the court for a paternity test and then change the name on the birth certificate.

Answer 8

He can try to take it to court but he will have to have a patenity test to prove he is the bio father, but there really isn't much he CAN do. It was HER choice to not have his name on the child's birth certificate. He should look at it this way, at least he is not obligated now to pay child support.

Answer 9

Today it is very simple get an attorney and a court order for a DNA test. Viola, the test results will prove if he is the father and he will enjoy all the thrills and expenses associated with it.

Answer 10

Im not sure ......if they are not married then she has the right to choose what surname the child uses, just as if they were married she has the right to keep her maiden name.

If he wants to claim his right as the father I would suggest he seeks some legal advice, and start paying maintanence straight away as this will go in his favour.