If you and your wife have a baby?

Question

Whoos name does the baby take if you have two different last names and can't agree on the last name of the child. Will the child take the mothers last name or the Fathers?

if the mother refuses to use your last name and you refuse to use heres who determines what name the baby gets. We did talk about this but things change in life after the fact. Now we have to deal with it who's name do they decide to use?

She decided that she just wants to keep her last name. She is not the only child. She wants our child to have both names, but I am the last in my family and I want to carry on my last name. Hers will carry on threw her brother and it already has, We are not expecting anytime soon, but now we have this problem. I want the child to have mine and she wants the child to have both so we all will have different name.

Answer 1

traditionally the fathers but you can always hyphenate it so the baby will have 2 last names.

Answer 2

As a General rule of thumb the child is given the father's last name ( to carry on the heritage)

However, Legally you can give your child either last name or even hyphenate the two

Mary Jones
Mary Smith
Mary Smith- Jones

Are all acceptable and legal

Addition: After reading your edit .. I want to comment here that I believe you two have bigger issues to deal with then just the last name.
For the sake of your child please iron them out - Compromise is the biggest key factor in any marriage. Without it your marriage will not survive.

Answer 3

If I am married to the guy, then I would use his name. I have a question because I read your additional post as well. Is there a reason the wife does not want to carry your name and does not want the child to carry your name? This is a little suspicious and strange. Please talk about these issues before the child arrives. You do not want to bring a child into the world with a lot of confusion and questions.

Answer 4

Maybe the judge can decide on who name the baby gets because the child can't. I think it should'nt have to come to a court case. The parents needs to talk and make a decision on the names they plan to use. If I wasn't married to the guy, I would use my last name but if we are married, the child's last name will definitely be the father.

Answer 5

I don't understand why this is sooo.. complicated. He was good enough to marry and make a baby with. Give the child the father's last name. This hyphonated last name thing is just too much. Give the child father's name - less to explain (school roll call, etc.). Last names don't mean so much these days anyway. It's the love and security of the family that counts.

Answer 6

Would make sense if the child takes the father's name since they are married. If it is a big problem, give the child both names. Example.

Mom's name: Carla Marie Smith
Dad's name: John Kennedy

baby's name
girl- Elizabeth Jane Smith Kennedy
boy- Dylan Lamar Smith Kennedy

Answer 7

Traditionally the father's name. However I have often heard of the child having his or her own first name, mother's last or maiden name as a middle name and father's last name. You could also hyphenate the child's name.

Answer 8

If you're married, usually the state requires the father's last name unless the mother objects. Other states use the mother's last name unless the father objects. Why not hyphenate both? Put the mother's first? That's how Hispanic culture usually does it.

Answer 9

I go with the same last name as the mother. Moms are the ones who sign all the papers from school, go to PT conferences, games, the works so its more convenient for the kids to have the same last name as the mom. You could also just compromise and give the child both last names. The mother has the last say in the end.

Answer 10

For marriage, its the father, but some cultures take the mother's name.
If you want to compromise, do a hyphen and both names...
In my culture, the mother's last name is the baby's middle name. and the father gives the last name.

Answer 11

I wouldn't mind if my child has his/her mom's last name. I would be happy either way.

Besides, my last name was made fun of in school like you won't believe. I wouldn't want that suffering to befall my child. I'm willing to give up the surname. I would rather have a daughter than a son. Having a son risks having him turn out like I did, and I wouldn't want that. I would probably be unable to stop yelling at him.