for all those who answered my question about a mother giving the baby my last name but not knowing who the father is or me being there...she could give the baby my last name and just go around telling everyone its mine???
2007-04-19 12:54:13 · 15 answers · asked by rmt 1 in Pregnancy & Parenting ➔ Pregnancy
In the state I am delivering in, you can only give the baby the father's last name in two circumstances: One, if you are legally married to him at the time of delivery, and Two, If the father is physically present to approve the use of his last name. Otherwise, you first have to prove paternity, and you can later change the last name to be the father's last name if you want, but only once paternity testing confirms the father.
I had the opposite problem, in that my husband and I separated when I was 2 months pregnant, and are divorcing and I did NOT want to give the baby his last name. Turns out I don't have to, since I don't have his last name anyway.
2007-04-19 13:11:12 · answer #1 · answered by Bruja 6 · 3⤊ 0⤋
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your question confused me a bit...not sure which way you were wanting to go with it.if you DON'T want her to give her baby your last name i'm sure there's something you can do about it. request a dna test.
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there's plenty of offspring who have the father figures last name without them actually being the biological father. the baby can have your last name.
i'd only recommend her giving the baby your last name if you plan on sticking around and you two have a stable healthy longlasting relationship. she wouldn't have to "go around telling everyone its yours"...if you are and assume the position of the father figure then the child will know you as it's dad. it doesn't matter about the blood. be its dad and everyone will see you that way.
2007-04-19 13:03:52 · answer #2 · answered by tiffany s 2 · 0⤊ 0⤋
A couple does not need to be married to give the baby the father's name. My sister and her boyfriend (now husband) made that choice for their daughter long before they were married. Even though they hadn't made a legal commitment to each other they certainly made it to that little girl. However, I think it is only right to give the baby his name if he consents to it. Same as if you are not the birth father but will otherwise be so for that baby. I think it would be a wonderful honor to give the baby the name of the man who will love him/her and help raise him/her.
2007-04-19 13:02:44 · answer #3 · answered by AlongthePemi 6 · 0⤊ 0⤋
That depends on what state you live in. In California, she cannot put your name on the birth certificate. (You would have to either sign a paternity waiver or request a DNA test.)
If you have any doubts, you could file a petition to have a DNA test done. (You can petition to have it done at any time, but the court may tell you to wait until the baby is born to actually perform the test.) If the test comes back that you are not the father, the child would not get your last name.
2007-04-19 12:59:55 · answer #4 · answered by Kat 3 · 1⤊ 0⤋
I don't know. This may be a cultural thing, but I always assumed that you can't just give a baby someone else's last name. If you are not married to the father, then the baby has the mother's last name.
2007-04-19 12:57:23 · answer #5 · answered by purplebinky 4 · 1⤊ 1⤋
Sorry, nothing you can do. She doesn't even have to legally list you as the father. Now here's a question, what the hell does being the best possible father you can be have to do with the kid's name? Nothing. It's only a name.
2016-05-19 01:46:58 · answer #6 · answered by ? 3 · 0⤊ 0⤋
Believe it or not the mother can put anyones last name on the birth certificate and if the baby is not yours you will actually have to go to court to prove it is not (at least here in Florida). I had a friend in the same situation and it took 12 years to finally clear it up including all those years his paycheck was garnished to pay child support for a kid that was not even his.
2007-04-19 13:01:19 · answer #7 · answered by fyrechick 4 · 1⤊ 2⤋
A person can name their child anything they want. Matter of fact the child does not have to have a first and last name.
If a mother wants she can name it a new made up last name of a person that she doesn't know.
2007-04-19 13:05:08 · answer #8 · answered by Anonymous · 1⤊ 0⤋
She can name the child whatever she wants. And she can tell people whatever she wants.
But I know that, in my state, if you're not married, the man has to sign a form and file it with the state before he'll be listed as the father on the birth certificate.
And if she wants you to pay child support, you can (and should) request a paternity test.
2007-04-19 13:13:43 · answer #9 · answered by ihatesunsets 2 · 2⤊ 1⤋
it depends on what state you are in. in mo the father has to sign for the his name to be on the birth certificate and to have his name if the couple is not married. at least thats the way it was in 2001 when my daughter was born.
2007-04-19 13:21:11 · answer #10 · answered by ? 4 · 1⤊ 0⤋