situation:
im pregnant with my ex boyfriends baby boy. i am now engaged to my current boyfriend and we plan to get married right after the baby is born.
after im married im changing my last name to my husbands, and i want my child to have the same last name as i do.
how does that work if the biological father wants the baby to have his last name instead?
also, are there any webites with the laws about how this works?
thanks guys!
2007-06-05 18:02:10 · 7 answers · asked by xsaraxbethx 2 in Politics & Government ➔ Law & Ethics
It varies from state-to-state. In most states, however, the child begins with the last name as given on the birth certificate (which does not necessarily have to be your last name). From that point on, however, that name is subject to being changed in adoption proceedings, in paternity proceedings, or in simple proceedings for a name change.
My experience is that judges tend to listen to reasons why the parties want to change the child's last name or do not want it changed. If the child is young enough, many judges will follow the convention of the legal father's last name. For older children (e.g. already attending school), judges tend to be more reluctant to change names without a real good reason.
2007-06-05 18:43:07 · answer #1 · answered by Tmess2 7 · 0⤊ 0⤋
as you will NOT be married at the time of birth to either of them I am led to believe that the law is such that you can name your child ANYTHING you so wish to do so.............
As you are not married to the bio father unless he is signing the birth certificate then surely he would have no rights to make any demands, the only problem would be IF the new man signs as father, so maybe better to leave that section blank.
As each state has different laws about most things then I would start with the state child support laws sites and work out from there.
Regards
2007-06-06 01:09:24 · answer #2 · answered by candy g 7 · 1⤊ 0⤋
the child will have the biological fathers last name... if your husband wants the child to bear his last name he will have to adopt the child. the biological father has to give up his parental rights to do so.
caffeyw is wrong, if the biological father files a paternaty suit and it is discovered that he indeed is the father , he will have the right to give the child his last name.
2007-06-06 01:16:28 · answer #3 · answered by bigdee_x 4 · 0⤊ 0⤋
SInce you're the mother you can name him as you want. Make sure to put your soon to be husbands name on the birth cert and there will be no need to change the name after. If you put your last name, and then change it, you'll have to goto court if he doesn't consent to the name change.
2007-06-06 01:14:36 · answer #4 · answered by caffeyw 5 · 0⤊ 0⤋
You will be the one to choose your baby's name.
2007-06-06 01:10:40 · answer #5 · answered by Jen 5 · 0⤊ 0⤋
ASK A LAWYER . BETTER SAFE THAN SORRY . GOOD LUCK . YOU HAVE A GOOD GUY , BE ALWAYS FAITHFUL TO HIM .
2007-06-06 01:11:35 · answer #6 · answered by 10-T3 7 · 0⤊ 0⤋
i dont believe that there are any laws against that.
2007-06-06 01:05:42 · answer #7 · answered by Anonymous · 1⤊ 0⤋