who has the legal naming rights of a new baby?

Question

If an un-married couple has a baby and the mother wants her last name and the father wants his last name, who wins? Does the mother have the final say legally? Does it change if they were married?

Answer 1

I am an OB nurse & know the US law for birth certificates & naming. The mother is the only one who *legally* has a right to name the child per the birth certificate. That's not to say the dad or grandparent can't legally fill out the paperwork, just that it's ultimately up to the mother as to what the child is named.
The child doesn't *have* to have the mother or fathers last name, and it doesn't matter if they are married or not. Legally, in the US, you can give the child any name you want.
If mom is single, last name Jones and dad is single, last name Smith, mom can still legally give the baby the last name Davis, Johnson, Zappa, or she can give her child her name, dad's name, or a hyphenated name. It doesn't matter. The same is true if the parents are married. You can give your child any name you wish and the birth mother has the legal authority to make the final say as to the name of the child.
If you have further questions, you can contact your state or county vital statistic office for more info.
Hope that helped.

Answer 2

I think in most places, they give the mother the final say on the name, because who's to say that the guy who says he's the father is really the father. If the couple are married then the baby's last name will be whatever their married name is.

Answer 3

If you are unmarried then the baby automatically gets the mother's last name. If you are married and use his last name also that is what they give him.
For unmarried couples you can say something to the nurse who will have a social worker come in and change the last name of the baby to your boyfriend,father. Then that is what will be his legal name.

Answer 4

from my experience the mother the right if you are unmarried and you can give the baby whatever last name you want, at least thats ho it works in mo. you can give the baby yours or the fathers or just any last name and you dont even have to put the fathers name on the certificate if you dont want to. thats your choice. basicly its all up to you in the end but if it going to cause problems make sure dad isnt in the room until later......i have 5 kids and 3 of them have my last name and the other 2 have their dads, it was completely up to me how it was done

Answer 5

The mother. If the parents marry, the child's last name can be legally changed or hyphenated.

Answer 6

When a baby is born to unwed parents it gets the mothers last name unless specified by the parents on the birth certificate. Why not compromise and use both last names...ro here is a novel idea...get married.

Answer 7

The mother

Answer 8

it depends on state laws but in MI i believe the mother has the legal say on everything and the father has no say (if unwed) until he petitions the court for joint physical and joint legal custody but that is a very difficult thing to get anyways. and yes it changes if they are married. then both mom and dad have equal rights.

Answer 9

Unless there is a specific law it depends on who gets their hands on the birth certificate paperwork first. But in some places if a mother is unmarried it's law the baby gets her name.

Answer 10

Sounds like you don't want the fathers last name for the baby -- simple -- tell the nurse NOT to bring you the papers until he is gone, then no fighting. It can be 'pre-noted' on your file and can be relayed to the proper departments.