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My friend just had a baby and wants the baby to have his last name but the mother does not and they are not married we live in DE is there anything he can do for the baby to have his last name i really need some answer please and thanks

2007-07-01 09:19:08 · 20 answers · asked by MRS L L 1 in Pregnancy & Parenting Parenting

20 answers

tell them to go to court over it

2007-07-01 09:21:32 · answer #1 · answered by Carolinee(: 2 · 2 0

If they are not married the child should have the Mother's last name. They need to think of the child and it would be best for the baby to have the same last name as the mother. Even if the man pays child support the child is better off having the same name as the mother because she has custody.

If they are married then they need to make a compromise. How about hyphenated last names?

2007-07-01 20:26:04 · answer #2 · answered by Maiden Fair 3 · 0 0

The mother chooses the name she wants her baby to have. The father has no say in the naming, as only the mother is proven to be the actual parent (regardless of marital status), so she is the one that completes all the paperwork.

If the relationship has been rocky or if they have no plans for marrying anytime soon, it will be best for the baby to have the same last name as the mother. If they do stay together and get married, they can have the baby's name changed at that time.

BTW -- I was married when my son was born, but had not change MY name, so the issue can arise regardless of whether the parents are married or not. I did give my son his father's last name, which has made it a bit inconvenient with my name being different; but 16+ years later, I have no regrets.

I personally find that most hyphenated last names are way too cumbersome, and would only suggest that if both last names are short and simple to spell.

2007-07-01 16:22:13 · answer #3 · answered by HearKat 7 · 1 2

My first child, we weren't married and there a bit of drama with the in-laws over last name. My then g/f and I talked and we agreed that we would get married, but not soon. So we gave her my last name.
Your friend needs to have a conversation with his g/f, and discuss these things. If they do get married, will she take his last name?
How will they explain to the child why they don't have their father's name like all the other kids? (Kids ask these questions)
My daughter saw photos of herself the day she was born and the crib in the hospital said "Baby - " and she asked me why it was such. So at 10 years of age, we had to explain the constant battle her mother and I went through with both sides of families. (mixed culture marriage)
Your friend may not have this issue, so a nice discussion should resolve it.
Lastly, the name isn't what is the most important thing, it will be what kind of parent they are to this child.

2007-07-01 16:51:41 · answer #4 · answered by Anonymous · 0 0

It's usually up to the mother especially since they are not married. I agree with the 1st person who answered they could compromise on it by having a hyphenated last name. They may have to battle it out in court, but she's going to have to make a descion soon. I'm not sure if it's fortuanate or unfortuante but he really doesn't have a say in the matter. She can put his name on the BC w/o giving the baby his last name.

2007-07-01 16:30:12 · answer #5 · answered by Anonymous · 0 1

unfortunatly for your friend it doesnt matter what he wants to do if the parents are not married then the child gets whatever name the mother chooses for him. it's sad but it's true. the only way he could change that is if he was to get sole custody of the child then he can make those kinds of decisions but other then that it has to be something they agree on or the mother gets to choose. I am sorry but that's the way it is.

2007-07-01 16:23:22 · answer #6 · answered by tinkerbell 2 · 2 0

If she's already filled out the birth certificate they probably have to go to court if she's really against it. Otherwise you just do a normal name change if she's not.

2007-07-01 17:06:41 · answer #7 · answered by Anonymous · 0 0

I belive whom ever have sole custoty of the child should share the same last name. Or just give the kid both last names.

2007-07-01 16:29:36 · answer #8 · answered by Wendy 2 · 1 1

Other than convince the mother? No.

2007-07-03 18:44:49 · answer #9 · answered by ivy_la_sangrienta 4 · 0 0

At this point it is the mother's decision.

2007-07-01 17:56:25 · answer #10 · answered by tessasmomy 5 · 0 0

this is a good reason to be married BEFORE having children.

No marriage= the baby has mom's name

2007-07-01 16:21:51 · answer #11 · answered by Anthony M 6 · 3 3

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