Do i have to give my unborn baby its father's name? legally married but he abandoned when i was 1 mth preg.

Question

we are legally married, i was 1 mth pregnant and we were 5 mths married when he walked out. I have no address or phone # on him and he has refused to be part of the baby's life.I am now 8 mths preg and i do not want to give my baby his last name. I feel that giving his unborn son his last name is an honor that he ( the father) does not deserve. Can i leave father's name as "unknown". My husband wants no part of me or the baby and he is with someone else, who has a history of drug addiction.

Answer 1

i dont know if you can leave the fathers name unknown, but you do not have to give the baby the same last name as the father.... when i was born my mother gave me a different last name then my supposedly real fathers last name. good luck and im sorry for what you have to go through.

Answer 2

Don't leave the father's name as unknown. That will legally stigmatize you and the baby for a long long time. Just first make sure you get it in writing, in some way (I know it's hard) that he wants nothing to do with the baby. If you don't, you will get a legal mess later if he changes his mind. Additionally, if you leave the father as "unknown," you can also get a legal mess if he decides to come forward and ask for a paternity test so that he may have claim to the child. This could become an even bigger problem for you. GET IT IN WRITING.

Also, knowing who the father is can further a claim for child support. You may not be thinking about that now, but it may be something that could come up later. If you put the father as "unknown," you have no legal claim to any monetary compensation unless the father decides to volunteer to a paternity test, and then you have to file complex paperwork to get the birth certificate changed.

Whether you mark that you know the father or not, you are not legally obligated to give the child it's father's last name. I even know of couples who are happily married, and the father plays an active role, but the child has the mother's last name. There is nothing wrong with this. It may come under some question if YOU currently legally go by the father's name, however. Just let them know when you are officially naming the baby that you want him or her to have your name. Make sure you are vocal about this and that your intention is known.

Best of luck to you and your baby!

Answer 3

Legally, you can give the baby any first and last name you choose. The names of the mother and father will still be on the birth certificate. Once that's done, the only three ways the name can be legally changed will be 1) through filing a legal name-change with the court; 2) if the child goes through adoption, and it's desired to change his/her name at that time; 3) in the even of marriage or divorce, the parties involved can change their names. This includes the father, mother, and children.(Yes, guys and gals both- you can change your own name to whatever you'd like for no extra cost at this time!) When the child is grown and marries or later divorces, this rule again applies. There is no law that says the newborn child must be given the last name of one parent or the other. This is customary but not required, just as it's customary to baptise or otherwise take the baby into the parents' religion, but not legally required.

Answer 4

First and foremost I am sorry you had such a bad person in your life. But the important thing is you figured this out before baby came along.

To answer your question, each state is different. Some states will legally require you to place the name on the birth certificate if you are legally married. You might want to check online with your local government and state requirements to see if this would be an option to put unknown. Good luck!

Answer 5

As a married woman unless you are legally seperated then I am pretty sure you have to list your husband as the father. You can give the child any name you like though. Children are not required to have the last name of the father. You can take him off of the birth certificate at a later time though (have his rights taken away or stripped) and you can then list an adoptive father or unknown. Best of luck to you.

Answer 6

You don't have to give the baby the fathers name. No law says that. If there were than that means they would have to do paternity tests on all men to see if they are really the father so the baby can have their last name. Do what you think is best for your baby in the long run.

Answer 7

i understand where you are coming from... but i don't think you are going to get much help out of all of this... i had sort of the same thing happen to me when i delivered my last child. You can email me if you like at [e-mail]. When the person comes in to your room, (after your baby is born) and wants to know that baby's name and so on. You're going to have to give that baby a last name. I dont' know what state you are in so i don't know what the law is. I was going through a divorce and engaged to someone else. I had my fiance's baby. By south carolina law my husband (at the time - ex) was legally the father. Even if i put him on the birth certificate or not. but i couldn't put my fiance on there b/c we weren't married (i was still married to someone else). Even if i wasn't married, then i still couldn't put his name on there, b/c he had to do that.
i know that your story is a little different than mine, but i would talk to your divorce lawyer (if you have one) and see if you are able to give the baby a different lastname (than yours). I do suggest putting the father's name on the birth certifcate (if you can in that state). it will be much easier to file for childsupport that way. Also since he has left you see if you are able to be on the wic program. it will help both you and baby. I wish you the best of luck!!!

Answer 8

If he is not there for you at all, or there for the birth, you ABSOLUTELY don't have to give your child his last name. If you put "unknown" on the father's name, it will be harder for him to obtain any rights to the child. This, I believe is the way to go. Keep in mind that you cannot receive child support though (like he would pay it anyway). I did that w/ my daughter when she was born. I just gave her my last name, and her "sperm donor" as I call him was too lazy to go to the court and file a petition for a DNA test. He does not have any rights to her, and that is the best gift I could've ever given her.

Answer 9

I am putting the fathers name on the birth certificate because children deserve to know who their father is. However, I am giving the baby MY last name.

Answer 10

I'm pretty sure that you can put whatever you want to on the birth certifiace.

I knew of a girl who had a baby at 15 and didn't want her boyfriends name on the birth certificate because he wanted nothing to do with her or the child. So she didnt put anything on the birth certificate under "father".