Its about my sister who's bf is in prison. She keeps calling her daughter by his last name. Isnt the baby supposed to have the last name of the mother, seeing that they arent married?
2007-12-26 11:47:09 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The baby gets the last name that the mother chooses to put on the birth certificate. If she wants to give the baby the biological fathers last name -that is her choice. If she wants to give the baby her (mom's) last name - again - her choice.
Personally - if I had a child out of wedlock -I'd give the baby my last name. I'd want the baby to identify with my family and me (since I'm the primary care giver) -it also will help with less confusion at school etc b/c mom and baby have the same last name.
There is no law/rule that says the child has to have a certain last name.
2007-12-26 11:53:47 · answer #1 · answered by Boots 7 · 1⤊ 1⤋
I would say no. At birth, a woman can give a baby any name in some states. I believe in my state, Minnesota, both parents names can be listed on the birth certificate and the baby can have a third/different last name.
Did he sign the birth certificate? Is his name on it? And, even if not, I do not believe it matters. I am no lawyer, and I dont say these for certain.
2007-12-26 19:52:51 · answer #2 · answered by Anonymous · 0⤊ 2⤋
The baby should carry the father's last name.
2007-12-26 21:06:06 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It is up to her (not based on law, just the way it should be).
2007-12-26 19:52:52 · answer #4 · answered by okrife 3 · 0⤊ 1⤋