is it legal not to put the father last name on a new born child? I am not married to the father or together?

Answer 1

You don't have to, but either way he still has parental rights and a legal obligation to support the child financially.

Answer 2

If you plan to get married immediately, and have set plans to do so that would be one thing, however, you say that you are not even "together." If you are not married to the father, it is my understanding, in California, at least, that you DO NOT have to put his name on the Birth Certificate. If you put his name on it then you are giving him "rights" over your child; Rights which he could and most likely will exercise when it is convenient for him. For example he may ask for Visitation Rights and he could take it further and later on ask for Complete Custody, even to the point of possibly going to court and denouncing you as an "Unfit Mother!" I have a friend whose baby was raised beautifully by the mother and the grandmother and several aunts and was loved by all. This baby had everything, more toys and clothes than you could imagine ~~~ and the boyfriend who had not contributed one penny to his daughter over the years, and was not named on the Birth Certificate, suddenly appeared out of nowhere and got himself an attorney and took the mother to court as a "bad character" and "unfit!" The judge determined that the mother was indeed a Fit Mother but that the father was a "Dead-Beat-Dad" and ordered him to pay child support. However, the guy disappeared after making just two or three monthly payments. If you find that you need financial help from various Government Agencies, they will need you to name the father at that time. However, I were in your shoes, I WOULD NOT name the father on the Birth Certificate. However, it is your call, but you will lose a lot of control over your child, such as will he allow you to move out of state? Will you be allowed to go on vacation.. with the baby? Who will be allowed to look after the baby? He could insist that it be his sister, his mother! He could object to your every decision. Be careful. Best Wishes to your and your baby.

Answer 3

You would have to check your state laws to be certain. My sister in law gave her last name for her child and the fathers name was still listed as the father. So in TN there would be no problem.

In GA (where my first was born) there is extra paper work you have to do if you and the father are not married and want the child to have the father's last name. Again it is state by state.

I hope that you have the best of luck with your little one, and that the baby is healthy and happy.

Answer 4

When I gave birth to my son, his father was there, but had to go back to Maine before anything regarding the birth certificate was taken care of. So at first he was not on the birth certificate. He was put on later and actually had to sign an affidavit stating he was the father of the child before it could be done. My son does not have his father's last name because we weren't married and after discussing it, we agreed it would be easier for our son to have my last name since I would be the one with custody and we didn't want him to have to feel uncomfortable answering questions about why he didn't have the same last name as his mom.
Anyway, as far as I know...it is certainly no illegal to not have the last name on the certificate, but it is necessary to have him on there for child support enforcement.

Answer 5

Both of my children have my last name. They have two different fathers. I'm from Ohio and I married the father of my second child. Their last name remains my maiden name, which suits them just fine. My oldest child has two children by two different men and they have her last name. So it must depend on where you live. I felt it just kept down the confusion. My children are a part of me and I raised them w/o the first father's interaction or $$$ so men may come and go, but the child usually is with the mom. Follow your heart....

Answer 6

No you don't have to put the father's name on the birth certificate, however it could limit you in getting any child support out of him if you don't put his name on it. In some states courts will not award child support if the father's name isn't on the birth certificate regardless of DNA test results.

Answer 7

I would suggest you don't. That was probably one of the best things I ever did was to omit the father's name and not give my son his last name. I suggested this to a few of my other friends who were not married to the man but still together with him, they ignored my suggestion and now want to kick themselves for not listening to me.

I don't see why it would be illegal. It's your baby, your choice in all matters.

Good luck, being a single mother is very difficult, remember, it's all about the baby now and what's best for him/her.

Answer 8

I was not married to my daughters father and no I did not give her his last name granted his name is on her birth certificate but she dont carry his last name. She has my last name. The child can have your last name and it is legal his name can be on the certificate but she dont have to carry it and u dont even have to put his name on the birth certificate if u dont want it is totally up to u. God Bless!

Answer 9

It is in the State of Maine

Answer 10

Sure is. You can give the baby any surname you wish. I had a friend even want to give her soon to be born baby my surname because she didn't like his or hers and loved mine with the first name she wanted to give. She ended up not, but she could have. Congrats and good luck! :)