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My boyfriend is legally seperated from his wife and we have been together over a year. I am 6 monthes pregnant and I want our baby to have his last name but him and his wife arent even divorced. Is the baby still allowed to have his last name? And is that stupid considering that she still has his last name along with their kids? I hate my last name who wants to grow up with their last name (Starman)?

2007-11-09 08:16:29 · 34 answers · asked by tina s 2 in Family & Relationships Marriage & Divorce

We have been living together for over a year His wife came over with the kids a couple times... THERE LEGALLY SEPERATED! not getting back together!!

2007-11-09 09:02:21 · update #1

34 answers

As long as your boyfriend signs the birth certificate at the hospital then I think it is legal to name the baby using his last name. Just call the local hospital where you plan on having the baby and ask someone on the maternity ward.

2007-11-09 09:22:05 · answer #1 · answered by Lisa of America 4 · 1 0

No matter what the circumstances the baby has a right to bear the father's last name. There's no question here.
The choice is yours, when the baby is born you reserve the right to name the child after your maiden name or the fathers since you are not married.
Don't look at it from your own point of view, this is a name your child will grow up with (and Starman is not a bad name by the way). Just make sure you put down the father's name on the B/C in either case.

2007-11-09 09:15:45 · answer #2 · answered by LeeLee 1 · 0 0

Here, all that is required for the child to have the baby's father's last name is that he is willing to sign the birth certificate as the father. Whether he's married (to you) or not, the baby is entitled to that. However if he refuses, the baby will be registered in your surname.
The problem I can see is that if you register the baby in his name and it doesn't work out (you don't stay together) then you have the problem explaining to others why the names are different.
Perhaps it would have been better to wait until he was free - divorced - before starting your own family with him?

2007-11-09 08:28:06 · answer #3 · answered by Barb Outhere 7 · 0 0

What in the world does a last name have to do with a divorce? Are you serious? If he is the father, you can give the baby the last name. You my dear have issues. why would you have a baby with a man who isn't even divorced and you've only been with for a year and now you are tied up in all that drama... oooh I do not NV you.

2007-11-09 09:02:04 · answer #4 · answered by luv2help 5 · 0 0

Starman was a great movie:) Don't hate your name! Just give your child a cool 1st name to go with it. After your married "boyfriend" gets his crap, ahem, marital status situation together, then give him the honor of adopting your child and change the babys last name to his then.

'Til then, you really should watch your step. Remember, you can always list your baby daddy on the certificate (for future legal reasons?...) without the child sharing the same last name.

Good luck, honey (& congratulations:)

2007-11-09 08:50:32 · answer #5 · answered by 1dwhoaman 2 · 2 0

Yes you can. But you can't stop her for still using his last name. Even after they get a divorce. However, mind you, Getting his name on the baby's birth certificate is not a shortcut to get his name on a marriage certificate with you. After all, that is what you are after, right?

2007-11-10 07:01:25 · answer #6 · answered by Anonymous · 1 0

Tell him that you want your baby to have his last name and that he needs to get a divorce finally from his wife....I don't think it would be a problem putting his name as the fathers even though he is married..

2007-11-09 08:21:49 · answer #7 · answered by Mrs. M 5 · 3 0

You shouldnt be pregnant with a married mans baby anyway. He should of been divorced first. But you are half to blame for sleeping with a married man. Who cares about a last name....he needs to get a divorce first thats more important.

2007-11-09 08:44:13 · answer #8 · answered by Anonymous · 2 0

Hopefully u guys will get together. Regardless, the baby can still have his name. Make sure he fills out the parent form at the hospital. If he fills in that he's the father than he'll have rights to that child. I wasn't married, when we were separated he passed on, now if he hadn't filled in that he was the father of my daughter than she never would of been intitled to the money in his will. So for the child make sure that's taken care of

2007-11-09 08:34:20 · answer #9 · answered by zenawarrior0421 2 · 0 0

I would think you would be more concerned with having a child with a married man. Regardless of him being separated from his wife he is still married and has children. You are with this guy 1 year and are 6 months pregnant. WOW, your going to be a great role model for your child.

2007-11-09 08:32:24 · answer #10 · answered by Kat G 6 · 2 0

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