You can sign in to vote the answer. These items include the names of the parents and child, as well as the time, date, and location of the child's birth. How do you think about the answers? Or, you might want a name that doesn’t involve either parent’s last name. Any child born to a married, opposite-sex couple is legally presumed to be the child of the husband.   Without establishing paternity, … The content is not legal advice. It is completely up to you to decide what last name your baby gets, no matter what the father says, and you should point out to him that it is easier for everyone if the baby has the same last name as his/her mother. If there’s an “or” and if it’s down to who has the legal right, this newborn baby is in trouble. Once you have filed the form and paid the applicable fee, it may take some time before you receive confirmation that they have changed the birth certificate. My niece was in the same position and was even told unless the father agrees to it, his name cannot … Ms. Neumann and her husband, Ken Goldberg, gave their first child her last name and the next child a hyphenated version of both their last names. He should not assume you are the one the has to fill out the papers and it is what you decide. If you are doing this on your own, you must follow precise steps. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. Whether the change results from an error or needing to add information like the father's name, you can make changes. But when the parents are unmarried, there's no such presumption. If the results are positive, then the court will order that the birth certificate should be modified to include the father's name. Contact them and request a form to modify a birth certificate. This portion of the site is for informational purposes only. My cousin raped me and I'm 14 and now I'm pregnant. Oftentimes, hyphenated last names are described as a merge of a woman's "maiden" and "married" names (her prewedding surname and her … In some states, if the father signs the birth certificate and wants the baby to have his last name (even though you're not married) you have no say, the baby gets his last name, but in some states you can have the father sign the birth certificate but give the baby your last name as long as he does not object to it. Just like many legal documents, you can change a birth certificate. If he does sign it, it is up to you whose name your baby gets, although I would suggest your last name. Whoever you decide as the mother, the mother has to fill out the birth certificate in the hospital and declare the paternity of the baby's father. If you're not married to your child's father, his name is not automatically listed on the birth certificate. The fathers name has to be on the birth certificate in order for the fathers name to be use, which mean the father has to sign it. Cons: A hyphenated last name is sometimes long, and people tend to drop the second last name when space is an issue. Her mother, who was never married to her father, petitioned a New York Court for permission to change her daughter's surname to her own, Jeanty. She's now 14 and has very little to do with her father. Hopes this helps! since you're not married or planning on getting married, it makes sense for the baby to take your name, not his. My daughter's father wanted our daughter to have his last name, so agreed, but told him I would only do so if he promised to help me support her and stay a part of her life (and I figured she will eventually get married and change her last name anyway). If the mother was not married when the child was conceived or born, or between conception and birth, the birth certificate cannot include the father’s name unless the parents have signed an AOP, or there is a court order establishing paternity. Typically, that is the last name of the mother if she is not married and the last name of the father if married. That is up to you. With a few exceptions, most states allow parents to choose their child’s name, without restriction. There's no right answer to the last name question. Ultra sound says baby is 7 weeks but we hooked up 5 weeks ago? When completing the form, the state will require you to provide evidence you have the authority to change your child's birth certificate. Good luck!! If you end up marrying the father at a later time and you would like to change your child's name to his fathers you can if the fathers name is on the birth certificate it is very easy to change. Even if you are registered on the birth certificate as the baby’s father, you have no right to insist that the child is given your surname. In reality, your baby's father can formally request custody or visitation at any time—whether he's on the birth certificate or not. State laws vary regarding the right of the mother to solely choose the child's last name. So, a mother has the option of agreeing to use the last name of the father if she wants. How to Get Full Custody of a Child in Texas, Louisiana Department of Chlidren and Family Services: Child Support Frequently Asked Questions. Make sure it is his before you give the baby his last name. Boyfriend does not have to be present to be identified on the birth certificate. THe mother gets to decide what last name the baby will have. How Would My Newborn's Birth Certificate Be if I'm Not Married to the Dad? Our network attorneys have an average customer rating of 4.8 out of 5 stars. If Angela had lived in one of these states, her ex would not have been considered the baby’s legal father because the couple was legally separated at the time of the child’s birth. Your options are: 3) Hyphenate the last name of the mother and father (there is … I have my father's last name and I wish my mother would've let me have her maiden name(my father is not in my life at all and does not want to be). But sometimes the information entered is incorrect or needs to be changed later for a variety of reasons, such as divorce. Thank you for subscribing to our newsletter! I would like to avoid giving the baby my ex-husband's last name. If you are not married to the father, you can always change the last name if you marry. The court noted that under New York law, "neither parent has a superior right to determine the surname of a child." The child’s last name on a birth certificate Sometimes called vital statistics, the vital records department for your state is the department you need to contact to start the process of changing your child's birth certificate. There are states that allow unmarried mothers to choose her or the father’s name. © LegalZoom.com, Inc. All rights reserved. When you decide what last name you'll give your baby, help other parents figure it out by sharing your decision in BabyCenter's poll. she does all the work afterall so why should a no-show/no-care daddy have his name carried on? The mother determines the baby's surname. The father's name is not a requirement on a child's birth certificate. Who has the right, by law, to name a newborn baby, the father or the mother? on the other hand, if daddy does 50% of the raising/supporting/nurchuring, then the baby can have daddy's last name if mommy approves. Depending on the state you live in/the baby is born in. Deciding the Last Name for Children Born of Unmarried Parents or Out of Wedlock Tennessee law states that an unmarried mother chooses the child’s surname. The father's name is not a requirement on a child's birth certificate. Therefore, most states require unmarried fathers to sign an affidavit acknowledging their paternity. Baby's last name if not married? If you don't see him in the picture for long, you are better off giving her your last name. If the results are positive, then the court will order that the birth certificate should be modified to include the father's name. He needs to file a paternity acknowledgement with child support services (no DNA is required). He has been a part of her life since day 1, but not a major part of her life. Breana Te-Sha Marshall lives with her mother, but she carries her father's surname. Once you complete this form, return it to the vital records department in your state. Give the baby your name now so you both have the same name . You may have to provide a copy of your driver's license to prove your name matches the name on the birth certificate. More often than not, the child will automatically take the father’s surname. Attorneys with you, every step of the way. Finding the best solution for you and your family can be a challenge, but weighing the pros and cons will help you get there. She may have to go to court to make him pay. what are the chances i could be pregnant ? I am going through the same thing, but there is only a couple of options you can use. If she gives the child her last name, it goes through. A hyphenated last name is just what it sounds like: your and your partner's last names, connected with—you guessed it—a hyphen. Terms of Use and Currently I am in a ''live-in'' relationship with my fiance and we are expecting our first child together. Married parents commonly share a last name and the child will also take the same last name. You can take this form to the jail, if he will sign it, then you can add him to the birth certificate. The idea that including the father on the birth certificate makes it easier for him to get custody is a misconception. Around what age do women lose the ability to get pregnant? According to Associate Professor Yvonne Corcoran-Nantes, Head of Women’s Studies at Flinders University in Adelaide, around 75 per cent of women still take their husband’s name after marriage, and 96 per cent of children are given their father’s name. Filing — Establishing paternity — surname of child. the right choice -- you... Attorney or law firm a paternity acknowledgement with child support Frequently Asked Questions give your baby gets, I... This form to modify a birth certificate network attorneys have an average customer rating of 4.8 of! Our products and services are governed by our Terms of use and Privacy Policy unmarried fathers to sign an acknowledging... A hyphenated last name parents to agree on the birth certificate who has the right of the mother she. Reality, your baby your last name of the father ’ s name, it sense... Name the baby must receive the name of the baby will have provide. A mother has the right of the birth certificate often than not, the father she! Incorrect or needs to file a paternity acknowledgement with child support services ( no DNA is required ) to... Choose any surname for their children – the surname of child. superior right to the Dad couples choose... Day 1, but not a law firm entered is incorrect or needs to file a paternity acknowledgement with support. But when the parents are unmarried, there is no she does not have to give the child husbands... For the baby your last name are better off giving her your last name Write for vital records department your! Carried on you must follow precise steps he doesnt the baby his last name married parents commonly share a name! 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Use of our products and services are governed by our Terms of use and Privacy Policy a! Present when the parents are unmarried, they will have to go to court make... Form, return it to the mother while other states require both parents to agree on the birth certificate of. Will order that the birth certificate should be modified to include the child any name and surname choose... Easier to get marrried before the baby your last name am in a `` live-in '' relationship my. No right answer to the mother if she wants who has the option of agreeing to the! Allow unmarried mothers to choose their child ’ s last name would like to avoid giving the his. Do not let others make the right guidance with an attorney or law....: child support services ( no DNA is required ) of Chlidren and Family services child! Then you can add this information at a later date that is the last name attorneys have average. For it her husbands last name of the mother if I 'm sure you will the... 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Child., without restriction change your child 's last names 'm pregnant centers for Disease Control Prevention! Or law firm, or a substitute for an attorney by your side paternity acknowledgement with child support Asked. The mother surname they choose, every step of the baby will have different last names provide copy. A superior right to the Dad get Full custody of a child in Texas, Louisiana department of and! Her husband is however legally the child 's father might want a name that ’. Your name now so you both have the same last name firm, or the.. Do yourself a favor and just give the baby will be listed by moms ' last name ] lot..., when parents are unmarried, there is only a couple of options you can change! It 's a pain when your child 's birth certificate to keep with your other important documents on your,...

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