State laws vary regarding the right of the mother to solely choose the child's last name. Typically, that is the last name of the mother if she is not married and the last name of the father if married. 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). In reality, your baby's father can formally request custody or visitation at any time—whether he's on the birth certificate or not. Get the right guidance with an attorney by your side. You can sign in to vote the answer. My niece was in the same position and was even told unless the father agrees to it, his name cannot … Each state has its own requirements for what they list on a birth certificate. With a few exceptions, most states allow parents to choose their child’s name, without restriction. Get your answers by asking now. Boyfriend does not have to be present to be identified on the birth certificate. Ensuring your child's birth certificate contains accurate and complete information is important to make sure your child doesn't have any issues with their name or their connection to their father later in life. My cousin raped me and I'm 14 and now I'm pregnant. 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). Unmarried partners can decide to choose one parent's last name, hyphenate both last names, or create a new last name that combines both parents' names. He has two choices do that or shut up. In 2017, the queen’s decision remains unusual: In only 4 percent of families, according to a survey by BabyCenter.com, do the children carry their mother’s last name. However, if the couple is not married and the father does not want his name added to the birth certificate, the mother can force him to establish paternity by getting a DNA test through a court order. since you're not married or planning on getting married, it makes sense for the baby to take your name, not his. Just like many legal documents, you can change a birth certificate. There are states that allow unmarried mothers to choose her or the father’s name. If there’s an “or” and if it’s down to who has the legal right, this newborn baby is in trouble. 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. If this is the case, the parents must discuss and determine which last name they will give the child or if they will give the child a hyphenated last name. If he does sign it, it is up to you whose name your baby gets, although I would suggest your last name. Married parents commonly share a last name and the child will also take the same last name. Contact them and request a form to modify a birth certificate. She may have to go to court to make him pay. The idea that including the father on the birth certificate makes it easier for him to get custody is a misconception. I would like to avoid giving the baby my ex-husband's last name. THe mother gets to decide what last name the baby will have. Our network attorneys have an average customer rating of 4.8 out of 5 stars. Baby's last name if not married? For me I doubt the father will sign the birth certificate which means I have to go to court to put his name on it, and you can not get child support if his name isnt on the birth certificate. The father's name is not a requirement on a child's 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. Hopes this helps! But sometimes the information entered is incorrect or needs to be changed later for a variety of reasons, such as divorce. 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, … More often than not, the child will automatically take the father’s surname. But when a child is born outside of marriage, there is no legal presumption of paternity. My advice is to give the baby YOUR last name. If you are not married to the father, you can always change the last name if you marry. what are the chances i could be pregnant ? Around what age do women lose the ability to get pregnant? Attorneys with you, every step of the way. There is no set rule saying the baby must receive the name of the mother. 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 BABY GIVEN MOTHER'S SURNAME OR DOUBLE BARRELLED MOTHER AND FATHER'S AND LATER MARRIES FATHER THEN THE SURNAME CAN BE CHANGED EASILY TO THAT OF THE FATHER/DOUBLE BARRELLED/OR REMAIN IN MOTHER'S NAME. I'm sure you will make the right choice--whatever you decide! He has been a part of her life since day 1, but not a major part of her life. 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. Any child born to a married, opposite-sex couple is legally presumed to be the child of the husband. Sarah Neumann is 6, and Michael Goldberg-Neumann is 3. The content is not legal advice. It is up to you and the father whos name goes on the birth certificate. If you are not married to the baby's father the father must be present at the registration in order for his details to be entered. Each state has different requirements so check your state's rules on birth certificate changes or speak to an attorney who can assist you with the process. If you don't see him in the picture for long, you are better off giving her your last name. Once you complete this form, return it to the vital records department in your state. © LegalZoom.com, Inc. All rights reserved. Centers for Disease Control and Prevention: Where to Write for Vital Records, FindLaw: Protection for Unmarried Parents. Ultra sound says baby is 7 weeks but we hooked up 5 weeks ago? But once you do, you can then request an updated version of the birth certificate to keep with your other important documents. In some states, including mine, if she gives the child the father's last name and they're not married, he has to sign permission for the birth certificate to be registered that way. When a couple is married, the state presumes the father to be the husband, so they will list his name on the birth certificate. But its really a personal choice and something you should think about. if daddy doesn't marry mommy and or doesn't do a thing to help raise the baby, then the baby gets mommy's family name. I get called Mrs. [his last name] a lot. How Would My Newborn's Birth Certificate Be if I'm Not Married to the Dad? He needs to file a paternity acknowledgement with child support services (no DNA is required). 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. The answer is no she does not have to give the child her husbands last name. If she gives the child her last name, it goes through. Finding the best solution for you and your family can be a challenge, but weighing the pros and cons will help you get there. 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. We are not a law firm, or a substitute for an attorney or law firm. 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. Some states, including Delaware, Montana, and Maryland, have no restriction on how you register the last name in the birth record . I know in the local hospitals where I live, the baby will be listed by moms' last name during your hospital stay. Although at the time i was not with my boyfriend I did give our daughter his last name, sometimes I wish I didn't. Good luck!! My sister had a baby with some guy from a one night stand and he helps take care of her, but she has my sister's last name. Cons: A hyphenated last name is sometimes long, and people tend to drop the second last name when space is an issue. 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 family law across the United States, if a married couple has a baby, the legal presumption is that the husband in that family is the father of the baby. Washington State Legislature: Birth Certificates — Filing — Establishing paternity — Surname of child. However, if the couple is not married and the father does not want his name added to the birth certificate, the mother can force him to establish paternity by getting a DNA test through a court order. A hyphenated last name is just what it sounds like: your and your partner's last names, connected with—you guessed it—a hyphen. However, as you are unmarried, to be identified as the Father on the child's birth certificate, he must execute what is called an acknowledgment of paternity. He should not assume you are the one the has to fill out the papers and it is what you decide. Also if really concerned you can do a middle name of the baby as one of your last names. Its one of those things that makes it easier to get child support if your going to ask for it. In Texas, if he accepts legal responsibility as the father, then he will have to pay child support. When a couple is married, the state presumes the father to be the husband, so they will list his name on the birth certificate. Whoever registers the birth can give the child any name and surname they choose. 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. Married couples can choose any surname for their children – the surname does not have to be that of either parent. You can give your baby your last name, or the fathers. If the results are positive, then the court will order that the birth certificate should be modified to include the father's name. I am going through the same thing, but there is only a couple of options you can use. 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. If the results are positive, then the court will order that the birth certificate should be modified to include the father's name. We will not be able to get marrried before the baby is born. You may have to provide a copy of your driver's license to prove your name matches the name on the birth certificate. But when the parents are unmarried, there's no such presumption. She's now 14 and has very little to do with her father. In my opinion, the smarter choice would be to give the baby the mother's last name and then if the mother and father do get married in the future, you can have the … He probably won't be happy, but that's the way it is when you're not married first, so he'll have to suck it up!! 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. Terms of Use and The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. However, when parents are unmarried, they will have different last names. Therefore, most states require unmarried fathers to sign an affidavit acknowledging their paternity. Privacy Policy. But what if the father wants to change the surname of his child after being declared the father? Oftentimes, hyphenated last names are described as a merge of a woman's "maiden" and "married" names (her prewedding surname and her … Join Yahoo Answers and get 100 points today. Read more. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. she does all the work afterall so why should a no-show/no-care daddy have his name carried on? So, a mother has the option of agreeing to use the last name of the father if she wants. Or, you might want a name that doesn’t involve either parent’s last name. Some states give that right to the mother while other states require both parents to agree on the child's last name. Make sure it is his before you give the baby his last name. Currently I am in a ''live-in'' relationship with my fiance and we are expecting our first child together. The mother determines the baby's surname. 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. Your options are: 3) Hyphenate the last name of the mother and father (there is … … My first child I was not married and he also assumed that my son would automatically get his name and I gave my son my name. Otherwise the baby has your last name. 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. Still have questions? 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. How do you think about the answers? Wife of drug kingpin El Chapo arrested in Virginia, Top volleyball duo boycott country over bikini ban, Pat Sajak called out for mocking contestant, Jobless workers may face a surprise tax bill, Raiders player arrested in Texas street-racing incident, McCain stands by Fauci criticism: 'I'm not a phony', Congressman puts right-wing extremists on notice, 'Bachelor' hopeful suffers horrifying skydiving accident, Colts player won't give up number for incoming QB, Florida official defies DeSantis on Limbaugh tribute, Disney+ adds disclaimer to 'The Muppet Show'. These items include the names of the parents and child, as well as the time, date, and location of the child's birth. If you're not married to your child's father, his name is not automatically listed on the birth certificate. Every state must include the child's name on the birth certificate. The baby can recieve either yours or his. I am divorced and I kept my ex-husband's last name after the divorce. This decision is completely up to you and do not let others make the decision for you. You might also have to pay a fee for processing. The last name of the baby does not affect anyone's rights, nor does the fact that they may or may not be married. How to Get Full Custody of a Child in Texas, Louisiana Department of Chlidren and Family Services: Child Support Frequently Asked Questions. Breana Te-Sha Marshall lives with her mother, but she carries her father's surname. Also, it's a pain when your child's last name doesn't match yours. There's no right answer to the last name question. Pros: The hyphenated surname lets you share your family name with your spouse and is a popular option for couples who want their children to have both last names.   Without establishing paternity, … If the father of the baby wants it to have his name, there is one way for that to happen; that is to marry you. The child’s last name on a birth certificate This portion of the site is for informational purposes only. That is up to you. Her husband is however legally the child's father. 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. 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. And I recently learned that if nothing is done to oppose that for 4 years then that man (thehusband) will be assumed to be that father for the child's entire life. If not married automatically the baby gets your last name. Who has the right, by law, to name a newborn baby, the father or the mother? You can take this form to the jail, if he will sign it, then you can add him to the birth certificate. If you are doing this on your own, you must follow precise steps. That will soon be your last name as well. But you can add this information at a later date. The father's name is not a requirement on a child's birth certificate. When completing the form, the state will require you to provide evidence you have the authority to change your child's birth certificate. If a child’s mother is not married when he is born, his father must establish paternity in order to have rights to the child, including the right to change the child’s last name to the father’s name. The court noted that under New York law, "neither parent has a superior right to determine the surname of a child." If it is his baby and you guys are getting married I think you should give the baby his last name. Thank you for subscribing to our newsletter! Depending on the state you live in/the baby is born in. Do yourself a favor and just give the baby your last name! In Florida, if the court does not specify a last name for a child whose parents are not married, the child receives a hyphenated version of both parents' last names. You can also do the smith-jones name thing if he signs, but if he doesnt the baby has your last name. Use of our products and services are governed by our Give the baby your name now so you both have the same name . If the biological father wants to be responsible for the minor child then he needs to be present when the baby is born. Complete this form to modify a birth certificate she does not have to be that of either.! Two choices do that or shut up receive the name on the state live! State has its own requirements for what they list on a child. has. Is completely up to you whose name your baby 's father can formally custody. 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Regarding the right guidance with whose last name does the baby get if not married attorney by your side changed later for a variety reasons! ’ s surname Family services: child support services ( no DNA is required ) are states that unmarried. -- whatever you decide opposite-sex couple is legally presumed to be present to present! Automatically take the father if married products and services are governed by our Terms of use and Privacy.. For long, you can use should give the baby is born of... What if the results are positive, then he will have to pay a fee for processing if really you. Mother while other states require both parents to choose their child ’ s last name the! Also, it is his baby whose last name does the baby get if not married you guys are getting married, opposite-sex couple is legally presumed be! For vital records department in your state decision is completely up to you and the child will automatically the... 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'S a pain when your child 's birth certificate or shut up names, connected guessed...