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. Depending on the state you live in/the baby is born in. Oftentimes, hyphenated last names are described as a merge of a woman's "maiden" and "married" names (her prewedding surname and her … Washington State Legislature: Birth Certificates — Filing — Establishing paternity — Surname of child. Married couples can choose any surname for their children – the surname does not have to be that of either parent. If you are not married to the father, you can always change the last name if you marry. Get the right guidance with an attorney by your side. Good luck!! Join Yahoo Answers and get 100 points today.   Without establishing paternity, … 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. You may have to provide a copy of your driver's license to prove your name matches the name on the birth certificate. 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. A hyphenated last name is just what it sounds like: your and your partner's last names, connected with—you guessed it—a hyphen. 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. There are states that allow unmarried mothers to choose her or the father’s name. If you are doing this on your own, you must follow precise steps. 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). My cousin raped me and I'm 14 and now I'm pregnant. If you're not married to your child's father, his name is not automatically listed on the birth certificate. 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. But sometimes the information entered is incorrect or needs to be changed later for a variety of reasons, such as divorce. We will not be able to get marrried before the baby is born. 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. My advice is to give the baby YOUR last name. Sarah Neumann is 6, and Michael Goldberg-Neumann is 3. There's no right answer to the last name question. Breana Te-Sha Marshall lives with her mother, but she carries her father's surname. Your options are: 3) Hyphenate the last name of the mother and father (there is … We are not a law firm, or a substitute for an attorney or law firm. 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. If the results are positive, then the court will order that the birth certificate should be modified to include the father's name. With a few exceptions, most states allow parents to choose their child’s name, without restriction. Or, you might want a name that doesn’t involve either parent’s last name. If you don't see him in the picture for long, you are better off giving her your last name. More often than not, the child will automatically take the father’s surname. State laws vary regarding the right of the mother to solely choose the child's last name. Married parents commonly share a last name and the child will also take the same last name. Baby's last name if not married? what are the chances i could be pregnant ? 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. This portion of the site is for informational purposes only. … 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. 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. I know in the local hospitals where I live, the baby will be listed by moms' last name during your hospital stay. Therefore, most states require unmarried fathers to sign an affidavit acknowledging their paternity. since you're not married or planning on getting married, it makes sense for the baby to take your name, not his. Around what age do women lose the ability to get pregnant? The court noted that under New York law, "neither parent has a superior right to determine the surname of a child." The last name of the baby does not affect anyone's rights, nor does the fact that they may or may not be married. The father's name is not a requirement on a child's birth certificate. Centers for Disease Control and Prevention: Where to Write for Vital Records, FindLaw: Protection for Unmarried Parents. Some states give that right to the mother while other states require both parents to agree on the child's last name. You can also do the smith-jones name thing if he signs, but if he doesnt the baby has your last name. When a couple is married, the state presumes the father to be the husband, so they will list his name on the birth certificate. Also if really concerned you can do a middle name of the baby as one of your last names. The baby can recieve either yours or his. If she gives the child her last name, it goes through. 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. You might also have to pay a fee for processing. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. Also, it's a pain when your child's last name doesn't match yours. These items include the names of the parents and child, as well as the time, date, and location of the child's birth. Hopes this helps! Get your answers by asking now. 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 … Terms of Use and If there’s an “or” and if it’s down to who has the legal right, this newborn baby is in trouble. 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. 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. 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. 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. When completing the form, the state will require you to provide evidence you have the authority to change your child's birth certificate. 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. But you can add this information at a later date. I would like to avoid giving the baby my ex-husband's last name. Give the baby your name now so you both have the same name . 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. She's now 14 and has very little to do with her father. 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. Make sure it is his before you give the baby his last name. 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. 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. Do yourself a favor and just give the baby your last name! 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. It is up to you and the father whos name goes on the birth certificate. 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. 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. Use of our products and services are governed by our 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. Read more. Contact them and request a form to modify a birth certificate. That is up to you. My niece was in the same position and was even told unless the father agrees to it, his name cannot … Her husband is however legally the child's father. she does all the work afterall so why should a no-show/no-care daddy have his name carried on? 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? How do you think about the answers? 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. There is no set rule saying the baby must receive the name of the mother. 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. Any child born to a married, opposite-sex couple is legally presumed to be the child of the husband. 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. Whether the change results from an error or needing to add information like the father's name, you can make changes. Cons: A hyphenated last name is sometimes long, and people tend to drop the second last name when space is an issue. She may have to go to court to make him pay. Privacy Policy. Attorneys with you, every step of the way. Our network attorneys have an average customer rating of 4.8 out of 5 stars. 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. Thank you for subscribing to our newsletter! Who has the right, by law, to name a newborn baby, the father or the mother? THe mother gets to decide what last name the baby will have. But when the parents are unmarried, there's no such presumption. Although at the time i was not with my boyfriend I did give our daughter his last name, sometimes I wish I didn't. 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, … Finding the best solution for you and your family can be a challenge, but weighing the pros and cons will help you get there. Typically, that is the last name of the mother if she is not married and the last name of the father if married. 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. © LegalZoom.com, Inc. All rights reserved. Currently I am in a ''live-in'' relationship with my fiance and we are expecting our first child together. But what if the father wants to change the surname of his child after being declared the father? Some states, including Delaware, Montana, and Maryland, have no restriction on how you register the last name in the birth record . In reality, your baby's father can formally request custody or visitation at any time—whether he's on the birth certificate or not. Its one of those things that makes it easier to get child support if your going to ask for it. 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. Otherwise the baby has your last name. Boyfriend does not have to be present to be identified on the birth certificate. Once you complete this form, return it to the vital records department in your state. 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). He should not assume you are the one the has to fill out the papers and it is what you decide. You can take this form to the jail, if he will sign it, then you can add him to the birth certificate. If not married automatically the baby gets your last name. This decision is completely up to you and do not let others make the decision for you. He has been a part of her life since day 1, but not a major part of her life. 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. The father's name is not a requirement on a child's birth certificate. 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. Name when space is an issue get marrried before the baby my ex-husband 's last.. Where I live, the baby my ex-husband 's last name the baby your last name of father. 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