naming my child - last name laws?

Question

I am currently engaged, yet pregnant with my ex boyfriends baby. we wont be married until after the baby is born. When the baby is born my fiance and i would like it to have his last name. is there anyway we can do legally do this without the biological fathers permission??

we live in michigan

i cant just put my fiance's last name on the birth certificate.. the biological father knows that the baby is his, and he can sue me if i dont put him on the birth certificate

Answer 1

There is no way to do so without the biological father's permission as it is his child. Even if you put down your fiancee's last name at the hospital, your ex-boyfriend and petition the Court for a legal name change and easily win and the Courts will change the legal last name to his. Until paternity is legally established, putting your own last name would be appropriate.

Your fiancee cannot legally adopt the baby unless the biological father agrees to it and signs away all rights; however, if he does that, he will no longer be required to pay child support either as your fiancee would become the legal parent (and he would be legally required to pay child support, even if you two split up and it even though it is not his biological child...if he adopts, he accepts legal, moral and financial responsibility until the child is of age).

Answer 2

OMG - just "put the fiance" on the birth certificate?

What about the child? Doesn't the child have the right to know who his father is?? You may be pregnant, but the biological father has rights as well.

Legally and ethically - you can either name no father or the biological father. You can then ask the biological father to terminate his parental rights and your fiance can adopt the child - legally.

Answer 3

As an unmarried mother with no father listed on the birth certificate (and you can’t list bio-dad at birth unless you and him both sign an “affidavit of parentage”) you can give the child any last name that you choose.

HOWEVER, if bio-dad files a petition to establish paternity (and if he’s any kind of man, he will), then once paternity has been established (via a dna test), he can request that the child’s last name be changed, and there is a good chance that the judge will grant that, or a compromise of some sort (ie the last name be hyphenated with your last name and bio-dad’s last name). I do NOT see the judge allowing the child to continue carrying fiance's last name if bio-dad contests it. And, I do NOT see the judge being happy with you about giving the child the fiance’s last name (because he's not the child's father). I’d advise against doing it. And I’d very strongly advise against claiming that fiance is the father (as someone else suggested) because then the judge will really not be happy with you (it’s fraud!).

If bio-dad is willing to allow it, finance can adopt the child after you’re married.

Answer 4

When you fill out the birth certificate, just give him your fiance's last name. I think you can still put his biological father's name on the form (seeing as how you don't have to give him your OR his father's last name-just think of those parents that combine their last names to use as the baby's)
Good Luck :)

Answer 5

Does the Father know your pregent? If not then you can put any person on that birth certificate that you want 2.But if the Father knows & protests it your in 4 a fight.Good Luck

Answer 6

That's a lie. He may be the biological father, but all that entitles him to is visitation (possibly) and paying YOU child support. If your fiance legally adopts the child (as it isn't his) you may use his last name.

Answer 7

Sorry, not something you're able to do. She does not even would desire to legally record you because of the fact the father. Now right here's a question, what the hell does being the suitable available father you would be would desire to do with the youngster's call? not something. that is purely a popularity.

Answer 8

when the baby is born say your fiancee is the father and use his last name but this nullifies any chance of collecting child support from biological dad